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2001-10-017:30 PM #227 Public Hearing re Appro to account purchase miscellaneous parcels for open space Referred to Finance and Property 7:40 PM #223 Public Hearing re Appro to account-renovations Beverly Farms Branch Referred to Finance and Property RRegular Meeting of Beverly City Council egular Meeting of Beverly City Council OOct. 1, 2001ct. 1, 2001 Roll Call : All Councilors were present. Pledge of Allegiance to the Flag : Led by Councilor McMahon Appointments: Acceptance of Minutes of Previous Meeting: Meeting of Sept 17, 2001 Communications from His Honor the Mayor : #232 October 1, 2001 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 Craig and Jennifer Walker for property at 21 Walnut Avenue, Beverly, MA 01915. Also attached is a letter from Tina Cassidy, Director of Planning and Development concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts Communications from other City Officers and Boards #233 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council At a meeting of the Beverly Planning Board held on Thursday, September 20, 2001, members of the Board voted unanimously, on the recommendation of the City’s Engineering Department, to recommend to you that the street known as Virginia Avenue Extension be accepted as a public way. Referred to Legal Affairs and Accounts 131 #234 Timothy Flaherty, Council President Beverly City Council 191 Cabot St. Beverly, MA 01915 RE: Wetland Protection Ordinance Dear Mr. Flaherty: As you know, the Beverly conservation Commission has spent several months drafting a Wetlands Protection Ordinance, and holding several public meeting to discuss the proposed document. The Commission hereby submits a copy of the proposed Wetlands Protection Ordinance to you and respectfully requests that you consider it for adoption as a City Ordinance. If you have any questions or if you desire additional information, please do not hesitate to contact me or Conservation Agent Debbie Hurlburt in the Planning Department. Respectfully, David J. Lang, Commission Chairman Referred to Legal Affairs and Accounts Communications, Applications and Petitions #235 Communication from Mass Dept of Revenue re GASB 34 Seminars Receive and Place on File #236 Request for reimbursement for water problem Tom Donovan Greene St. Referred to Legal Affairs and Accounts #237 Claim-Martin J. Lawler-tire damage during construction Receive and Place on File Refer to City Solicitor #238 Comm from Municipal Licensing Corp re seminar Receive and Place on File #239 Communication relative to traffic problems at North Beverly Elementary School Receive and Place on File 132 #240 Claim-Erik Carlton-Tire damage during construction Receive and Place on File Refer to City Solicitor #241 Claim-George E. McCarthy -Tire damage during construction Receive and Place on File Refer to City Solicitor #242 Comm from Jeff Prince re Zoning Ordinance Distribution Referred to Public Service and Aid #243 Late File Timothy Flaherty, President Beverly City Council 191 Cabot St. Beverly, MA 01915 Subject: New School Bus Road for NO Beverly Elementary School Dear Tim: We have started the conceptual layout for the subject road extending from the end of Brimbal hill Drive to the new parking lot of the North Beverly Elementary School. The road modifications are hampered by existing telephone Fiberoptic lines, water valves, and security for the city water tank. The solutions to these issues will be reflected in the preliminary cost estimate that we are also preparing. We expect to have both the layout and the Cost estimate available for your November 19, 2001 meeting. Please contact me if you have any questions in the interim. Very truly yours, Frank J. Killilea, Jr. Director of Engineering Referred to Public Service and Aid Reports from Committees: #200 The Committee on Finance and Property to whom was revered the matter of Comm re litigation in excess of $5,000 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted 133 #203 The Committee on Finance and Property to whom was revered the matter of Mayor’s Financial and Administrative Activities FY 2001 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #223 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Beverly Public Library, Beverly Farms Branch have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the City Council approve the following loan order in the amount of Three million ($3,000,000.00) for the remodeling and expanding to the Beverly Public Library Beverly Farms Branch. First Passage: Sept. 17, 2001 Public Hearing: Oct. 1, 2001 Final Passage: Oct. 1, 2001 Loan Order: Ordered that $3,000,000 is appropriated for remodeling and expanding the City’s public library facilities; that to met this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $3,100,000 under G.L. c.44 7 or any other enabling authority; that the Board of Library Trustees with the approval of the Mayor is authorized to contract for and expend any federal or state aid available for the project and to accept and expend any donations for the project, provided that the amount of the authorized borrowing shall be reduced by the amount of such aid or donations received prior to the issuance of bonds or notes under this order; that the Board of Library Trustees is authorized to take any other action necessary to carry out this project; that the Treasurer is authorized to file an application with the Emergency Finance Board to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as the Emergency Finance Board may require for these purposes; and that all bonds and notes issued hereunder shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. Order read once and adopted on a Roll Call Vote Roll Call: Yea: Costa, Guanci, Martin, McGlynn, McMahon, Murray, Smith, Troubetaris and Flaherty Nay: None Absent: None #227 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Purchase of miscellaneous parcels of land for Open Space and Recreation have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption. Ordered: That the City Council approve the following Loan Order in the amount of Two Hundred Thousand d ($200,000) dollars for the purchase of various parcels of open space and recreation land, with permission to appropriate $31,600.00 for one 134 parcel that lies within the boundaries of the former Santin property the city purchased in July of 2000, and the second parcel is a lot of land in Ryal Side that fronts on the Bass River. First Passage: Sept. 17, 2001 Public Hearing: Oct 1, 2001 Final Passage: Oct. 1, 2001 Ordered that $200,000 is appropriated for the acquisition of parcels of land for open space purposes; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $200,000 under G.L. c44 7(3) or any other enabling authority; that no specific parcel of land shall, however, be acquired pursuant to this order, until such acquisition has been approved by subsequent vote of the City Council; that the Mayor is authorized to take any other action necessary to carry out this project; that the Treasurer is authorized to file an application with the Emergency Finance Board to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as the Emergency Finance Board may require for these purposes; and that all bonds and notes issued hereunder shall be certified in writing to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. Order read once and adopted on a Roll Call Vote Roll Call: Yea: Costa, Guanci, Martin, McGlynn, McMahon, Murray, Smith, Troubetaris and Flaherty Nay: None Absent: None #164 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance MV & T Stop Signs Thompson and Pinewood have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year Two Thousand and One An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Obedience to isolated stop signs That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Thompson Road, southwesterly drivers on Thompson Road at Herrick ADD: St. Ext Pinewood Ave., northwesterly drivers on Pinewood Ave. at Herrick St. Ext.. This ordinance to take effect upon passage according to City Charter. First Passage: June 27, 2001 Final Passage: Oct. 15, 2001 9-0 vote Order read once and held for final passage as pr charter provisions #195 The Committee on Legal Affairs and Accounts to whom was referred the matter of Denial of application for Lodging House License-James Dooling, 32 Roundy St have considered said matter and beg leave to report as follows, to wit: 135 Submit the accompanying order and recommend its adoption Ordered: That the City Council DENY the application of James A. Dooling, d/b/a The 1872 House, 32 Roundy Street, Beverly, MA as per the recommendation of the Board of Health, the Beverly Fire Dept. Bureau of Fire Prevention and the Building Department 9-0 Vote Order read once and adopted #202 The Committee on Legal Affairs and Accounts to whom was referred the matter of Lease NEESCOM have considered said matter and beg leave to report as follows, to wit: No Further Action 9-0 Vote Order read once and adopted #208 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request for Water Abatement-Carlow, 101 Corning Street have considered said matter and beg leave to report as follows, to wit: No further Action 9-0 Vote Order read once and adopted #218 The Committee on Legal Affairs and Accounts to whom was referred the matter of Feasibility study for traffic light at Kernwood and Bridge have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #225 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-constable-Danielle E. Kelley have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 9-0 Vote Order read once and adopted #232 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement-Walker, 21 Walnut Ave. have considered said matter and beg leave to report as follows, to wit: 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 Craig and Jennifer Walker, 21 Walnut Ave. as per the attached communication from City Planner Tina Cassidy 9-0 Vote Order read once and adopted 136 #228 The Committee on Public Service and Aid to whom was referred the matter of Temporary appointment John A Cassola Chief of Police have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #229 The Committee on Legal Affairs and Accounts to whom was referred the matter of Promotions within Police Department have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted Resolutions: Unfinished Business: Motions and Orders: #244 By the Committee on Public Service and Aid Ordered: That the City Finance Director (John Dunn) conduct a study regarding the economic feasibility of double water meters in the City of Beverly Referred to Finance and Property #245 By the Committee on Public Service and Aid Ordered: That the temporary Chief of Police (John Cassola) attend the next Public Service and Aid meeting to be held on Tuesday, October 9, 2001 at 6:30 PM in the third floor City Hall Committee Room. Referred to Public Service and Aid #246 By council Timothy Smith Ordered: That the City Council adopt the ordinance that requires landlords, i. e. property owners that house and lodges residents to be held accountable for the actions of said tenants when the tenants cause disturbances and otherwise “public nuisances” not limited to illegal activity pursuant to M.G.L. 139, Sec. 20 but to include all ordinances that include disturbance of the peace and noise complaints. Referred to Legal Affairs and Ac counts Meeting adjourned: 9:25 PM Frances A. Macdonald, CMC City Clerk 137