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2004-10-04 7:45 PM Tina Cassidy-Presentation David Gardner 7:55 PM #235 Public Hearing-Removal Live Tree at 34 County Way Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM October 4, 2004 Roll Call Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy : Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci. Councilor Costa was absent Pledge of Allegiance to the Flag : Led by Councilor Flaherty Appointments: Acceptance of Minutes of Previous Meeting: Meeting of September 20, 2004 Communications from His Honor the Mayor : #296 October 4, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. William F. Terry, Jr., 530 Essex Street, Beverly, MA 01915, to serve as a member of the Beverly Golf and Tennis Commission. He will fill the unexpired term of Mr. Lawrence Nelson and his term will be effective until February 1, 2005. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #297 October 4, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Jason Silva, 2 Dane Street, Beverly, MA 01915 to serve as a member of the Planning Board. He will fill the vacancy left by Peter Thomas and his term will be effective until December 31, 2005. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs 170 Communications from other City Officers and Boards #298 September 29, 2004 City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Enclosed please find the Call for Election for the November 2, 2004 State Election. Respectfully, Frances A. Macdonald, CMC City Clerk Receive and Place on File #299 October 4, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: School Zone, 20 MPH Speed Limit, When Children Are Present The state allows cities and towns to post areas that directly abut schools as a School Zone, Speed Limit 20 MPH, when Children are present. We have an area in Ward III, by Briscoe Middle School and Beverly High School that should be posted for this special speed limit. Please take the necessary actions to make the following streets School Zones, 20 MPH Speed Limit, when Children are present: 1.Charles Street 1. 2.Swan Street 2. 3.Mason Street 3. 4.Lyman Street 4. 5.Ames Street 5. 6.Herrick Street, from Cabot Street to Sohier Road 6. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #300 October 4, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 171 Dear Council, RE: Multi-way Stop Signs, area North Beverly Elementary School We have had many requests for multi-way Stop signs on the streets around the North Beverly Elementary School. We have investigated these locations and found they do meet the warrants in the M.U.T.C.D., so we are requesting stop signs at the following locations: In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop signs: 1. Putnam Street, northwest and southeast drivers on Putnam Street at ADD: Walnut Avenue. 2.Walnut Avenue, northeast and southwest drivers on Walnut 2. Avenue at Laurel Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #301 Lease Agreement-City of Beverly and Beverly Airport Mini Storage LLC Refer to Legal Affairs Communications, Applications and Petitions: #302 A Proclamation by Governor Mitt Romney relative to VFW DAY Receive and Place on File #303 Communication relative to sidewalk repair that needs to be done at 29 Lothrop St. Receive and Place on File Refer to Michael Collins #304 Comm. from MassHighway relative to standards on State Highways Receive and Place on File #305 Comm. re Water Meter Problem-Paul Robinson, 12 Bates Park Ave. Refer to Public Services Reports from Committees: 172 #241 The Committee on Finance and Property to whom was referred the matter of request for supplemental appropriation for School Dept. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 6-2 Vote Grimes and Troubetaris voting against Order read once and adopted #280 The Committee on Finance and Property to whom was referred the matter of request to move Federal Channel in Beverly Harbor have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #287 The Committee on Finance and Property to whom was referred the matter of Engineering request to transfer from Street Opening Escrow Account to Public Services Maintenance Account 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 the request of the City Engineer, Frank Killilea for a transfer from Street Opening Escrow Account to the Public Services Maintenance Account I the amount of fourteen Thousand one hundred dollars. 8-0 Vote Order read once and adopted #295 The Committee on Finance and Property to whom was referred the matter of request to divert monies to Fire Dept. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #235 The Committee on Legal Affairs to whom was referred the matter of Live Tree Removal have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That Richard Grant be allowed to remove a live tree at 34 County Way and be it further ordered that the land owner pay the expense of the removal of the tree, and for the planting of two trees in the area (approved by the Tree Dept.) and that the homeowner assume responsibility for the relocating of the hydrant 8-0 Vote Order read once and adopted #247 173 The Committee on Legal Affairs to whom was referred the matter of Appointment as Constable of Timothy Creamer have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #273 The Committee on Legal Affairs to whom was referred the matter of Application for Lodging House License at 32 Broadway have considered said matter and beg leave to report as follows, to wit: Original decision to deny the license rescinded on an 8-0 Vote Decision to approve granting of license 8-0 Vote Recommend the license be granted 8-0 Vote Order read once and adopted #279 The Committee on Legal Affairs to whom was referred the matter request to invite Mayor, Director of Finance and School Committee Chair to a meeting have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor, Dir. Of Finance, and School Comm. Chair. Judith Cronin appear before the City Council to offer an explanation/distribution of unemployment compensation to former Supt. Of Schools, Dr. Lupini, and be it further requested that at that meeting I wish to discuss with the Mayor and the City Solicitor how former Human Resources Director Tom L’Italien could take, without permission, city property (namely the hard drive{and its contents} in a City owned computer) and not be prosecuted for it. 8-0 Vote Order read once and referred back to committee #281 The Committee on Legal Affairs to whom was referred the matter of Appointment to the Board of Registrars-Roger Morency have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointment 8-0 Vote Order read once and Adopted #282 The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly Golf and Tennis Commission of Joyce McMahon and Richard Barger have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and Adopted #288 174 The Committee on Legal Affairs to whom was referred the matter of Communication from Conservation Commission re Conservation Restriction for 140 Hart St. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File adopted 8-0 Vote Order read once and #289 The Committee on Legal Affairs to whom was referred the matter of Communication from Open Space and Recreation Committee re Conservation Restriction for 140 Hart Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and Adopted #290 The Committee on Legal Affairs to whom was referred the matter of Lease-Beverly Airport and Sprint Spectrum have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed lease for the Beverly Airport and Sprint Spectrum as per the request of the Airport Commission. 8-0 Vote Order read once and Adopted #291 The Committee on Legal Affairs to whom was referred the matter of Communication from Essex County Greenbelt relative to Conservation Restriction and Municipal Certification for land off Hart St. 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 Conservation Restriction and Municipal Certification for a parcel of land off Hart Street. The restriction will protect 19.75 acres of land that is directly adjacent or current conservation land. 8-0 Vote Order read once and adopted #293 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 8-0 Vote Order read once and adopted #238 The Committee on Public Services to whom was referred the matter of Appointment- Beverly Housing Authority Leland McDonough have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted 175 #263 The Committee on Public Services to whom was referred the matter of request for live tree removal at 30 Sonning Road 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 will hold a Public Hearing on Monday, October 18, 2004, at 7:45 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a request to remove a live tree at 30 Sonning Road. 8-0 Vote Order read once and adopted #275 The Committee on Public Services 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: Submit the accompanying order and recommend its adoption Ordered: That the City Council will hold a Public Hearing on Monday, October 18, 2004, at 7:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a request to remove a live tree at 11 Glidden Street. 8-0 Vote Order read once and adopted #283 The Committee on Public Services to whom was referred the matter of Appointment- Beverly Cultural Council-Daniel Murphy, Maureen Quinquis and Leighton O’Connor have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments 8-0 Vote Order read once and adopted #284 The Committee on Public Services to whom was referred the matter of Appointment- Beverly Cultural Council-Jan Lewis Plourde, Lou Anne Faria, Rachel Pohl and Brad Waldron have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments 8-0 Vote Order read once and adopted #285 The Committee on Public Services to whom was referred the matter of appointment- Parks and Recreation representative to Open Space and Recreation Committee-Patricia Adams have considered said matter and beg leave to report as follows, to wit; Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #292 176 The Committee on Public Services to whom was referred the matter of Communication relative to Second Water Meters have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #294 The Committee on Public Services to whom was referred the matter of Request for removal of live tree at 25 Hillcrest Ave. 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 will hold a Public Hearing on Monday, October 18, 2004, at 7:20 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a request to remove a live tree at 26 Hillcrest Avenue. 8-0 Vote Order read once and adopted #265 The Committee of the Whole to whom was referred the matter of Communication relative to the Patriot Act have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted Unfinished Business: #254 Ordinance MV & T Stop Sign-Lovett at Central #255 Ordinance MV & T Stop Sign-Edwards at Rantoul #256 Ordinance MV & T Stop Sign-Chestnut at Chase #257 Ordinance MV & T Stop Sign-Old Rubbly at Essex #258 Ordinance MV & T One Way Street-Chase from Chestnut to Elliott #259 Ordinance MV & T One Way Street Restriction Removal-Edwards St. #260 Ordinance MV & T No Parking Tow Zone Elliott-Park to Rantoul Resolutions: #306 David Gardner, Open Space and Recreation Committee Motions and Orders: #307 By Councilors Costa, Troubetaris, Hobin and Burke Ordered: That we request that all sub-committee meetings hence forth be posted as Meetings of the Whole (Council) so that all councilperson’s will have an opportunity to speak (on any particular issue) in behalf of their constituency or the citizens of Beverly as “Whole”. In addition I request the BevCam TV take the actions necessary to cover, with live TV, these meeting so the people of Beverly can make a fair and balanced assessment of their government in action. Refer to Committee of the Whole #308 177 By Councilor Coughlin: Ordered: That the Police Chief transfer an officer to the traffic division and replace said officer with a new hire with the proviso that the additional cost be borne y increased revenue from this action Refer to the Committee of Whole City Solicitor-Roy Gelineau spoke relative to Open Meeting Law Meeting adjourned: 9:40 PM Frances A. Macdonald, CMC City Clerk 178