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2004-09-20 7:00 PM #277 Mike Pierce relative to Beverly Golf and Tennis Club 7:45 PM Resolution-Joseph Pietrini-Retirement from Board of Registrars 7:55 PM #261 Public Hearing-Petition Mass Electric-conduit & equip. 245 Dodge St. Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM Sept. 20, 2004 Roll Call Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy : Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci. Pledge of Allegiance to the Flag : Led by Councilor Grimes Appointments: Acceptance of Minutes of Previous Meeting: Meeting of September 7, 2004 Communications from His Honor the Mayor : #281 September 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Roger Morency, 8 Columbia Road, Beverly, MA 01915, to serve as a Registrar of Voters. Mr. Morency will replace Mr. Joseph Pietrini who resigned. His term will be effective until March 31, 2006. Attached are communications from Frances Macdonald, City Clerk and Duane Anderson, Chairman of the Beverly Democratic City Committee concerning this appointment. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #282 September 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Golf and Tennis Commission: Ms. Joyce McMahon 15 ½ Rowell Avenue Beverly, MA 01915 (She will replace Mr. John Kenney and her term will be effective until February 1, 2005.) 160 Mr. Richard Barger 63 Neptune Street Beverly, MA 01915 (He will replace Mr. Donald Jones and his term will be effective until February 1, 2007.) Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #283 September 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Cultural Council: Mr. Daniel Murphy 27 Neptune Street Beverly, MA 01915 Term to be effective until April 30, 2007. Ms. Gildas Quinquis 25 McKinley Avenue Beverly, MA 01915 Term to be effective until April 30, 2006. Mr. Leighton O’Connor 13 Ames Street Beverly, MA 01915 Term to be effective until April 30, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #284 September 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Cultural Council: Ms. Jan Lewis Plourde Ms Rachel Pohl 42 Thorndike Street 29 Atlantic Avenue Effective until April 30, 2005 Effective until April 30 2006 Ms. Doreen Ushakoff Mr. Brad Waldron 43 Lovett Street 7 Bisson Street Effective until April 30, 2006 Effective until April 30, 2006 Ms. Lou Anne Faria 81 Essex Street Effective until April 30, 2006 161 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #285 September 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Patricia Adams, 189 East Lothrop Street, Beverly, MA to serve as the Parks and Recreation Commission representative to the Open Space and Recreation Committee. Ms. Adams will replace Mr. David Gardner who did not wish to be reappointed. Her term will be effective until August 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from other City Officers and Boards #286 City Solicitor, Roy Gelineau request to go into Executive Session relative to litigation Receive and Place on File #287 September 3, 2004 City Council City of Beverly Dear Members of the Council: As specified in the Street Opening Ordinance, I am here requesting the funds of the following Licensed Dig Contractors be transferred from the Street Opening Escrow Account to the Public Services Maintenance Account CONTRACTOR INVOICE AMOUNT Wickson Construction D286 $500 Newburyport D309 $500 Linskey Construction D429 $500 Salem D334 $500 Grasso Construction D107 $500 Beverly Doyle Backhoe D195 $500 Rockport D272 $500 Middlesex Corp. D118 $500 Littleton C & M Backhoe D264 $500 Stoughton Cameo Enterprises D421 $4600 Hanover ______ Total $14,100 162 These contractors have not conformed to our Street Opening Specifications. They have been given notice and have not responded. Very truly yours, Frank J. Killilea, Jr., P.E. Director of Engineering Refer to Finance and Property #288 September 16, 2004 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 RE: 140 Hart Street Conservation Restriction Dear Honorable Council Members, At the September 14, 2004 Conservation Commission meeting, David Santomenna, Director of Land Conservation for the Essex County Greenbelt Association, gave a presentation regarding the proposed Conservation Restriction for 140 Hart Street. The Commission wishes to take this opportunity to first thank the Loring family for their generosity and willingness to preserve this beautiful piece of property. At the September 14 meeting, Commission voted unanimously to support this restriction and signed the th Municipal Certification as required by the Executive Office of Environmental Affairs. The Commission agrees that this property, preserved in its natural state, provides significant conservation and ecological values to a contiguous patchwork of protected open space commonly referred to as Beverly Commons. The property contains various ecological niches that include grasslands, upland forest hosting a variety of wildlife, as well as a riparian corridor and wetlands that contribute to the tributaries and upper reaches of Chubb Brook and other perennial streams. The protection of this property will secure the integrity of the surrounding natural landscape and provide significant scenic and passive enjoyment opportunities for this and futures generations. The Conservation Commission would like to offer its support for this Conservation Restriction and hopes that the City Council will look favorably upon this carefully crafted stewardship plan offered by the Loring family. If you have any questions or need further information please do not hesitate to contact me. Thank you for your time and attention in this matter. Sincerely, David J. Lang, Chairman Refer to Legal Affairs #289 September 16, 2004 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 RE: 140 Hart Street Conservation Restriction Dear Honorable Council Members, 163 At the September 1, 2004 Open Space and Recreation Committee meeting, David Santomenna, Director of Land Conservation for the Essex County Greenbelt Association, gave a presentation regarding the proposed Conservation Restriction for 140 Hart Street. The Committee voted unanimously to support this restriction and would like to thank the Loring family for their valuable contribution to the protection of open space within the City. The Committee agrees that this property, preserved in its natural state, provides significant conservation and passive recreational values to an area of Beverly containing contiguous protected open space parcels known as the Beverly Commons or Witch Woods. The protection of this property is consistent with the City of Beverly’s 2001 Open Space and Recreation Plan, specifically Goal #1 and #6, which strive to preserve and enhance Beverly’s existing open space and protect its environmental resources. The addition of this property will provide a significant buffer from residential development on Dyer and Adeline Roads and Hart Street thereby enhancing an “outback” experience while hiking through the core areas of the Commons. The protection of this property will secure the integrity of the surrounding natural landscape and provide significant scenic and passive enjoyment opportunities for this and future generations. The Open Space and Recreation Committee would like to offer its support for this Conservation Restriction and hopes that the City Council will look favorably upon this well crafted land stewardship plan offered by the Loring family. If you have any questions or need further information please do not hesitate to contact me. Thank you for your time and attention in this matter. Sincerely, Robert Buchsbaum, Chairman Refer to Legal Affairs #290 Beverly Airport and Sprint Spectrum LP Lease Agreement Refer to Legal Affairs Communications, Applications and Petitions: #291 Communication from Essex County Greenbelt relative to a Conservation Restriction and Municipal Certification for a parcel of land off Hart Street. Refer to Legal Affairs #292 Communication relative to Second Water Meters Refer to Public Services #293 Application-One Day Auctioneers License-United Rug Auctioneers for Nov. 14, 2004 Refer to Legal Affairs #294 Request for Live Tree Removal at 25 Hillcrest Avenue Refer to Public Services 164 Reports from Committees: #246 The Committee on Finance and Property to whom was referred the matter of Mayor’s Report on Financial and Administrative Activities for 2004 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 #263 The Committee on Finance and Property to whom was referred the matter of request for removal of live tree at 30 Sonning Road have considered said matter and beg leave to report as follows, to wit: Refer to Public Services 9-0 Vote Order read once and adopted #275 The Committee on Finance and Property to whom was referred the matter of request for removal of live tree at 11 Glidden Street have considered said matter and beg leave to report as follows, to wit: Refer to Public Services 9-0 Vote Order read once and adopted #235 The Committee on Legal Affairs to whom was referred the matter of live tree removal at 34 County Way have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council hold a public hearing on Monday, October 4, 2004 in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA at 7:55 PM relative to the removal of a live tree at 34 County Way. 9-0 Vote Order read once and adopted #242 The Committee on Legal Affairs to whom was referred the matter of request for 15 minute parking at 151 Hale St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That 15 minute parking signs be placed at 151 Hale St. 9-0 Vote Order read once and adopted #245 The Committeeon Legal Affairs to whom was referred the matter of appointment as Constable of John Giordano have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointment 9-0 Vote Order read one and adopted 165 #254 The Committee on Legal Affairs 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 Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Signs Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following stop signs: Sec. 14-86 Lovett Street, north and southbound drivers on Lovett Street at ADD: Central Street This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #255 The Committee on Legal Affairs 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 Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Signs Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following stop sign: Edwards Street, at Rantoul Street, stop sign on Edwards Street ADD: This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #256 The Committee on Legal Affairs 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 Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Signs Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following stop sign: 166 Chestnut Street, at Chase Street, stop sign on Chestnut Street ADD: This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read once and held for final passage as per Charter Provisions #257 The Committee on Legal Affairs 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 Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Signs Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following stop sign: Old Rubbly Road, at Essex Street, stop sign on Old Rubbly Road ADD: This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #258 The Committee on Legal Affairs 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 Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re One Way Streets Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 96 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: Chase Street, from Chestnut Street to Elliott Street, traffic to proceed ADD: southerly This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read one and held for final passage as per Charter Provisions #259 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T have considered said matter and beg leave to report as follows, to wit: 167 Submit the accompanying ordinance and recommend its adoption In the Year Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re One Way Streets Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 96 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by deleting the following: Edwards Street, from Rantoul Street to Cabot Street, traffic to proceed DELETE: easterly This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read once and held for final passage as per Charter Provisions #260 The Committee on Legal Affairs 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 Two thousand and Four An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re No Parking- Tow Zone Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Sections 137 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: Towing of Vehicles parked in specific areas ADD: Street, southerly Elliott side, from Park Street to Rantoul Street This ordinance to take effect upon passage according to City Charter First Passage: September 20, 2004 Final Passage: October 4, 2004 9-0 Vote Ordinance read once and held for final passage as per Charter Provisions #269 The Committee on Legal Affairs to whom was referred the matter of application for One Day Auctioneers License-United Rug Auctioneers have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted 9-0 Vote Order read once and adopted #270 168 The Committee on Legal Affairs to whom was referred the matter of applications for Second Hand Junk Dealers License-Endless Video Superstore have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted 9-0 Vote Order read once and adopted #120 The Committee on Public Services to whom was referred the matter of Proposed Trash Fee 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 #261 The Committee on Public Services to whom was referred the matter of Petition of Mass Electric for conduit and underground equipment at 245 Dodge Street have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be Granted 9-0 Vote Order read once and adopted Unfinished Business: Resolutions: Motions and Orders: #295 By Councilors Burke and Costa: Ordered: That the Mayor divert the one hundred to one hundred fifty thousand dollars, requested by the school department, to the fire department in order to reinstate fire equipment (namely ladder 1) back into immediate service. Once again, in lieu of the Freyman/Egan family tragedy that occurred Sept. 8th on Bartlett St., it has become crystal clear to the taxpayers of Beverly of the absolute necessity of putting ladder 1 back in service, and modernizing and updating the fire station in Ward II. Refer to Finance and Property and Public Services Meeting adjourned: 10:20 PM Frances A. Macdonald, CMC City Clerk 169