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1999-10-047:45 PM #309 A Public Hearing re Transfer to Account Briscoe Middle School ($205,000.00) 7:50 PM #312 A Public Hearing re Transfer to Account Phase I Water/Sewer ($430,000.00) Referred to Finance and Property Regular Meeting of Beverly City Council October 4, 1999 Roll Call: All Councilors were present Pledge of Allegiance to the Flag: Led by Councilor Martin Acceptance of Minutes of Previous Meeting: Minutes of September 20, 1999 Communications from His Honor the Mayor: #320 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property owned by Mr. and Mrs. Fred Walker, 34 Elliott SWeet, Beverly, MA 01915. Attached is a communication ~'om Community Development Manager Dawn Goodwin concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor Referred to LeEal Affairs and Accounts #321 Honorable City Council City Hall Beve~y, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. James Younger, 32 Butman Street, Beverly, MA 01915, to serve as a member of the Historic District Commission. He will replace William Lee who has resigned due to personal reasons. Mr. Younger's term will be effective until April 1, 2002. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Public Service and Aid #322 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: On December 21, 1998, 1 wrote to you regarding the proposed acquisition by the City of Beverly of the improvements made to Harry Ball Field by the Beverly Little League. At that time, though you voted to approve the concept as outlined in my letter (a copy of which is auached), certain details regarding how the acquisition would be made and the source of the appropriation were not de~'med. At this time, I would like to propose that an appropriation from the Unreserved Fund Balance of the Recreation Enterprise Fund in an amount not to exceed One Hundred Six Thousand Dollars ($106,000) be approved to fund this acquisition. The current balance of the notes outstanding in the name of the Beverly Little League approximates $105,000 with interest accruing daily. Such an appropriation should be more than sufficient to pay off the balance of these notes with accrued interest within the next thirty days. The Unreserved Fund Balance in the Recreation Enterprise Fund is currently almost $197,000 and was $173,648 at June 30, 1999. As noted in point 6 of the December 21, 1998 letter, "The City will go out to bid for the operation of the concession stand at Harry Ball Field. The Bid will include aspects of the maintenance of the field. The threshold for acceptance of a bid will be the amount necessary to cover debt service on the principal amount of the note plus maintenance costs, amortized over a period often years." The use of some of the Unreserved Fund Balance in the Recreation Enterprise Fund to fund this acquisition will clearly put the field under the control of the Recreation Department and allow for the collection and retention of the income to be generated by the concession stand activities. It is estimated that the income generated by the lease of the operations of the concession stand will be sufficient to amortize the acquisition costs in ten years or less. Please set a Public Hearing on this appropriation request for your next meeting scheduled on October 18, 1999. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Prooertv #323 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Robert MoLemore, 97 Preston Place, Beverly, MA 01915, to serve as a regular member of the Zoning Board of Appeal. He will replace Mr. Paul Beimonte who resigned due to personal reasons. Mr. McLemore's term will be effective until January 31, 2002. Very truly yours, William F. ScanIon, Jr, Mayor Referred to Leltal Affairs and Accounts ://:324 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I would like the opportunity to speak briefly to you tonight regarding the history of the location of the Public Safety Facility at Cummings Center and about the desire to have a second new fire station near Brimbal Avenue and Rte. 128. Very truly yours, William F. ScanIon, Jr., Mayor Receive and Place on File 191 Communications from other City Officers and Boards #325 Beverly City Council 191 Cabot Street Bevedy, MA RE: 35 Budey St. Wenham, MA Land of Emma Gongas Dear Honorable Council: i hereby request that the City Council approve the taking of the properly and improvements at 35 Budey Street in Wenham by eminent domain, for the purpose of maintaining runway safety zones for the Beverly Municipal Airpod. Protracted negotiations by and between the FAA, MAC, the Beverly Airport Commission and Emma and Louis Gongas have concluded with the agreement by the Gongas family to accept $317,000 for all right, title and interest in the properly at 35 Budey Street in. Wenham. As you are aware from previous communications, this property lies within the runway safety zone for the Beverly Airport, and negotiations concerning its acquisition have been underway for more than two years. I also request that the City council appropriate the sum of $317,000 to fund the acquisition of the property. Appraisals undertaken by the FAA have established that sum as the total value of the propedy acquisition 9including all incidental costs and benefits payable in connection therewith) and the Gongas's have agreed to accept that sum in full settlement of their claims in connection with the proposed taking. Ultimately, the City will be responsible for only 3% of the acquisition cost, with 98% of the sum being reimbursed to the City by FAA and MAC. If you have any questions relative to this communication, please do not hesitate to contact me. Very truly yours, Marshall J. Handly, City Solicitor Referred to Leaal Affairs and Accounts #326 Bevedy City council 191 Cabot St. Beverly, MA Dear Honorable Council: I hereby request that the Council approve the grant of a non-exclusive utility easement to Massachusetts Electric Company as shown on the attached plan for the purpose of establishing laying and maintaining subsurface electrical service lines from Chapman Street across the municipal parking lot to the rear of the Beverly cooperative Bank, The Grant of easement would be on the condition that Massachusetts Electric Company, its heirs and assigns, be responsible for the laying and maintenance of the lines, that no new poles be erected in the parking lot in connection with the exercise of the easement rights, and that the parking lot be restored to its current condition, satisfactory to the City Engineer. I ask thaty you undertake discussions on this matter based on the submitted plan. i anticipate that a more definitive plan will be submitted in the course of those deliberations, more precisely delineating the location and boundaries of the easement. if you have any questions, please do not hesitate to contact me. Very truly yours, MarshaLl J. Handly, City Solicitor Referred to Leaal Affairs and Accounts #327 Honorable City Council City Hall Beverly, MA 01915 Dear Council: RE Request for Stop Signs, Centervilla We have been asked to look into the possibility of placing STOP signs on two streets in Centervilla, Budey St. at Hathaway Ave., and Forest St., at Hathaway Ave. We have investigated these locations and determined they meet the warrants and stop signs should be placed there. In accordance with the provisions of Chapter 89, Section 9, of the MGL's and Chapter 14, Section 86 of the Revised Ordinance of the City of Bevedy, we request the following stop sign; ADD: Budey St., southeasterly bound drivers on Burlay St. at Hathaway Ave. Forest St., southeasterly bound ddvers on Forest St. at Hathaway Ave. Very truly yours, Dennis O. Tarsoak, Traffic Sergeant Referred to Leaal Affairs and Accounts #328 Honorable City Council City Hall Bevedy, MA 01915 Dear councilors: RE: Request to remove NO PARKING signs on Grove St. We have been asked to look into the possibility of removing the NO PARKING signs on Grove Street, in Beverly Farms. These signs and ordinance were placed there over 20m years ago when West Beach kept its gates open at night, now the problems are. gone and the residents would like to park on their Street. Please see attached letter from Mrs. Cook, 12 Grove Street. Please take the necessary action to amend City of Beverly Revised Ordinances as follows; DELETE: C14, Sec. 120, Grove Street, both sides, entire length. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to Leaal Affairs and Accounts #329 Honorable City Council 191 Cabot St. Bevedy, MA 01915 RE Recommendation on acceptance plans for the Maplewood Subdivision/Symes Associates Dear Members of the Council; At the Planning Board's regular meeting held on Tuesday, March 17, 1998, members of the Board voted unanimously, on the recommendation of Engineering Director 193 Frank Killilea, to recommend to your Board that the acceptance plans for the Maplewood subdivision be accepted by the City Council. As you know, acceptance of these plans will make the remaining streets in this subdivision public ways. Previously, in December of 1996 the Council accepted four of the roadways in this development as public ways(see attached Order). Acceptance of the acceptance plans will officially make the remaining two roads [Piper Drive and Holly Lane) public ways as well. Please feel free to contact Planning Director Tina Cassidy at 921-6000, ext. 173 if you have any questions relative to the Planning Board's vote. Respecffully, Richard Dinkin, Chairperson Referred to Leaal Affairs and Accounts #330 The Honorable City council City Hall Beverly, MA 01915 RE Acceptance of property on City's behalf/Hillcrest Ave/Upland Road Dear Honorable Council: A number of years ago, the Planning Board approved a seven-lot subdivision called Winthrop's Grant located at the end of Hillcrest Avenue and Upland Road. One of the conditions of approval imposed by the Board at that time was the transfer of ownership of Parcel "B" (as shown on the attached plan) to the City. A copy of the deed is attached to this letter. It has been reviewed and approved as to form by City Solicitor Marshall Handly. Acceptance of the deed to this property on the City's behalf is a prerequisite to filing it with the Registry of Deeds. Accordingly, I am forwarding it to you for consideration and acceptance. Please feel free to contact me if you have any questions regarding this matter. I can be reached at 921-6000, extension 173. Respectfully, Tina P, Cassidy, Director Referred to Leaal Affairs and Accounts Communications, Applications and Petitions #331 Communication from Mass Highway re "Memorandum of Agreement for Chapter 53A of the acts of 1999 Project Certification Form" Referred to Finance and Property #332 Communication relative to sidewalk at Warren Street Referred to Leaal Affairs and Accounts and Public Service and Aid #333 Petition-Mass Electric for poles, cable and conduit in Chapman and Bow Streets Referred to Public Service and Aid #334 Communication re Bevedy Shoppers Shuttle Referred to Public Service and Aid #335 Claim-Deborah Versackas Referred to Leaal Affairs and Accounts #336 Nodh Shore Medical Center Cancer Walk request to hang banner in June of 2000. Referred to Public Service and Aid #337 Communication from Gadsby & Hannah re mass Development Finance Agency Revenue Bonds Receive and Place on File #338 Communication re previously granted easement Goldberg Propedies 7-9 Ranfoul Street Referred to Leaal Affairs and Accounts #339 Application for Class II MVDL Beverly Motor Sales, 586 Cabot Street Referred to Leaal Affairs and Accounts Reports from Committees: #309 The Committee on Finance and Property to whom was referred the matter of Transfer to Account Briscoe Middle School ($205,000) 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 in the amount of (two hundred five thousand $205,000,00)dollars, from account "State Aid Account" to Briscoe Middle School Improvements as per the request of Mayor ScanIon. Order read once and Adopted 9-0 Vote #312 The Committee on Finance and Propedy to whom was referred the matter of Transfer to Account Water/Sewer ($430,000) 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 in the amount of four hundred thirty thousand ($430,000) Dollars from Water and Sewer, $129,000 from Water and $301,000 from Sewer to Phase I of North Beverly improvements near the airport as per the request of Mayor Ssanlon, Order Read once and Adopted 9-0 VOTE #322 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Beverly Little League Ham/Ball Field ($106,000) 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 will hold a Public Hearing at 7:45 PM on Monday, October 18, 1999 at 191 Cabot Street, Beverly, MA relative to an appropriation to account Beverly Litale League Harry Ball Field fTom Unreserved Fund Balance of the Recreation Enterprise fund in the amount of one hundred six thousand ($106,000) Dollars. First Passage: October 4, 1999 Public Hearing: October 18, 1999 Final Passage: October 18, 1999 Order read once and adopted 9-0 Vote #179 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance MV & T One Way-Green Street 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 #237 The Committee on Legal Affairs and Accounts to whom was referred the matter of ' Application for Livery License-New England Livery, 45 Dadmouth St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted pending notification of place of storage for vehicles Order read once and adopted 9-0 Vote #243 The Committee on Legal Affairs and Accounts to whom was referred the matter of Cornre. re acceptance of General Laws, Chapter 41, Section 108L (Quinn Bill} 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 accept the provisions of Mass General Laws Chapter 41, Section 108L, "The Quinn Bill" as requested by Mayor ScaNon Order read once and adopted 7-0 Vote councilors Van Liere and Rollins abstained #271 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Police Dept. Re Ordinance Deletions have considered said matter and beg leave to report as follows, fo wit: Submit the accompanying order and recommend its adoption In the year one thousand nine hundred and ninety nine AN ORDNANCE amending an ordinance enti~ed "Motor Vehicles and Traffic" re Obedience to special traffic-control devices. Be it ordained by the City Council of the City of Beverly as follows: Chapterl4, Section 94 Obedience to special traffic-control devices of the revised ordinances of the city of Beverly, 1989, be, and the same is hereby amended as follows: DELETE: Section (b) turning movements generally, (1) Right lanes must turn right: Elliott Street, eastbound traffic onto McPherson Drive Section (c) Right and left rams 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. This ordinance to take effect as provided by city Charter First Reading: October 4, 1999 Final Passage: October 18, 1999 Order read once & Passed to a second readina as per Chaffer Provisions 9-t2) Vote #272 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance MV & T re Parking Creek Street have considered said matter and beg leave to report as follows: 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 Parking prohibited on certain streets-At all times Be it ordained by the City Council of the City of Beve~y as follows: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: DELETE: Creek Street, northerly side, entire length ADD: Creek Street, northerly side, from Rantoni Street to Park Street Creek Street, southerly side, from Park Street westerly, to the property of the City of Beverly This ordinance to take effect as provided by city Charter First Reading: October 4, 1999 Final Passage: October 18, 1999 Order read once & Dossad to a second readina as per Charter Provisions 9..0 Vote 197 #293 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application Three Livery Licenses-City Taxi have considered said matter and beg leave to report as follows: Recommend the License Be Granted Order read once and adopted 9-0 Vote #294 The Committee on Finance and Propedy to whom was referred the matter of Carom. from Commonwealth of Mass Land Coud re Petition of Barbara M. Rowell have considered said matter and beg leave to report as follows: Receive and Place on File Refer to City Solicitor Order read once and adopted %0 Vote #308 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment to Zoning Board of Appeal Alternate members Andrea Fish and Scott Ferguson have considered said matter and beg leave to report as follows: Recommend approval of the appointments Order read once and adopted 9-0 Vote #315 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application Raffle & Bazaar Permit-Endicott College for Las Vegas Night have considered said matter and beg leave to repod as follows: 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 League of Women Voters request to hang Banner across Cabot Street have considered said matter and beg leave to repod as follows: Submit the accompanying amended order and recommend its adoption Ordered: That the City council approve the request from the League of Women Voters to hang a banner across Cabot Street for the two to three week period before the Election provided that they are property insured and that the banner is hung by a licensed rigger. Order read once and adopted 9-0 Vote #317 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Paul Bonaiuto 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 198 #318 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Steve Gonzalez have considered said matter and beg leave to report as follows: Receive and Place on File Refer to City Solicitor Order read once and adopted 9-0 Vote #320 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Walker, 34 Elliott St. have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached SUBORDINATION AGREEMENT for Mr. & Mrs. Fred Walker, 34 Elliott Street as per the attached communication from Dawn Goodwin, Community Development Manager Order read once and adopted 9-0 Vote #233 The Committee on Public Service and Accounts to whom was referred the matter of Request for Water/Sewer Abatement 8-l0 Porter Street have considered said matter and beg leave to report as follows: Amended to read Referred to Committee on Public Service and Aid Order read once and adoDted 7-2 Vote Gilmore and Martin Against #234 The Committee on Public Service and Accounts to whom was referred the matter of Request for Water/Sewer Abatement 11 Highland Terrace have considered said matter and beg leave to report as follows: Amended to read Referred to Committee on Public Service and Aid Order read once and adopted 7-2 Vote Gilmore and Martin Against #283 The Committee on Public Service and Aid to whom was referred the matter of Edgewood Rd Residents request to block street have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted 9-0 Vote #310 The Committee on Public Service and Aid to whom was referred the matter of Appointment of Kathryn Burns to Council on Aging and Waiver of Residency requirement have considered said matter and beg leave to repod as follows: Recommend the Council Approve the Appointments An furlher waive residency requirement Order read once and adopted 9-0 Vote #311 The Committee on Public Service and Aid to whom was referred the matter of reappointment Robert Marshall to the Council on Aging have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointment Order read once and adopted 8-0 Vote #313 The Committee on Public Service and Aid to whom was referred the matter of Appointment to Local Arts Council-Marcia Hermann and Jan Lewis Plourde have considered said matter and beg leave to report as follows: Recommend the Council approve the appointments Order read once and adoDted 9-0 Vote #333 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for Cable, Conduit and Poles in Bow and Chapman Streets have considered said matter and beg leave to reporJ 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 October 18, 1999 at 7:58 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for a conduit and cable in Bow Street and Chapman Street. Order read once and adopted 9-0 Vote Unfinished Business: The following ordinances were read into council and held for final passage after advertising: #273 Ordinance Motor Vehicles and Traffic-Stop Sign-Eaton at L. indsey #274 Ordinance Motor Vehicles and Traffic - Stop Signs-Gloucester Crossing Area Resolutions: #340 John Boyle on his retirement from the Beverly School System Receive and Place on File- 9-0 Vote #341 Beverly Housing authority 25 years at Garden City Towers Receive and Place on File- 9-0 Vote #342 By Councilor Madin: Ordered: That the Director of Engineering study the feasibility of installing a left turn signal at the intersection of Cabot Street and Balch Street Referred to Public Service and Aid 9-0 Vote #343 By Councilor McGlynn: Ordered: That Parking be allowed on Heather Street from Westedy Road, Westerty Road side to lust before Herrick Street Referred to Leaal Affairs and Accounts 9-0 Vote Motions and Orders: Meeting adjourned: 9:55 PM Frances A. Macdonald, CMC City Clerk