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2002-09-167:30 PM Public Hearing-Transfer to Account FY 02 Budget Referred to Finance and Property 7:58 PM Public Hearing-Petition Mass Electric Referred to Public Service and Aid Regular Meeting of Beverly City Council Sept. 16, 2002Regular Meeting of Beverly City Council Sept. 16, 2002 Roll Call : Councilors present: Coughlin, Flaherty, Martin, McGlynn, Morency, Murray, Troubetaris, Guanci. Councilor Costa was absent Pledge of Allegiance to the Flag : Led by Councilor Coughlin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of Sept 3, 2002, and Special Meeting of Sept 9, 2002 Communications from His Honor the Mayor : #318 September 16, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. David J. Lang, 14 Old Town Road, Beverly, MA 01915, to serve as a member and Chairman of the Beverly Conservation Commission. His term will be effective until June 30, 2005. Very truly yours, Thomas M. Crean, Mayor Council Martin motion to amend-leave off chairman title Refer to Legal Affairs and Accounts as amended #319 September 16, 2002 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 Conservation Commission: Mr. William P. Squibb 509 Cabot Street He will fill the vacancy left by the resignation of Mr. John Donnelly. His term will be effective until June 30, 2004. 164 Ms. Eileen R. Duff 39 Baker Avenue She will replace Mr. Richard Benevento whose term has expired. Her term will be effective until June 30, 2005. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #320 September 16, 2002 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Daniel M. Skolski, 54 Sohier Road, Beverly, MA 01915 to serve as a member of the Planning and Construction Committee (Permanent Building Commission). He will fill the vacancy left by the resignation of Mr. Thad Siemasko. His term will be effective until September 30, 2003. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #321 September 6, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. William J. Alpine, Jr., Esq., 10 Bass River Road, Beverly, MA 01915 to serve as a member of the Beverly Board of Health. He will fill the vacancy created by the resignation of Mr. Peter Hersee. His term will be effective until December 31, 2003. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #322 September 16, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Ms. Laurie Callahan, 7 Ashton Street, Beverly, MA 01915, to serve as a member of the Beverly Housing Authority. 165 Her term will be effective until June 28, 2007. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #323 September 16, 2002 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 Electric Easement between the City of Beverly and Massachusetts Electric Company. The easement is for an Overhead/Underground System to be installed in the property off Hull Street, Beverly as per the attached sketch. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts Communications from other City Officers and Boards #324 Sept. 11, 2002 Honorable City Council 191 Cabot Street Beverly, Ma Dear Honorable Council, At the request of Council President Guanci, I have prepared the attached order concerning the proposed gift of land from Anthony Jack. Very truly yours Peter H. Gilmore, City Solicitor Referred to Legal Affairs and Accounts #325 September 9, 2002 Honorable City Council C/0 Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Elliott Street NO PARKING ZONES. Elliott Street, Route 62, presently has several NO PARKING restrictions under City Ordinance 14-120. Frank Killilea, City Engineer, has contacted me about the newly constructed double lanes that run from Park Street to Beckford Street on both sides of Elliott Street. In order to clear up the City Ordinance and restrict parking on Elliott 166 Street, from Beckford Street to Park Street, please delete the following ordinances and replace them with a new ordinance for Elliott Street. Please take the necessary action to change City of Beverly Revised Ordinances, Chapter 14, Section 120 as follows; Elliott Street, northerly side, from driveway at 245 Elliott Street to Coolidge DELETE: Court. Elliott Street, southerly side, from Park Street to a point fifty (50) feet westerly. Sign to read, “no parking here to corner.” Elliott Street, southerly side, directly in front of the city pumping station for twenty (20) feet. Elliott Street, both sides, from the Gloucester Branch of the Boston and Maine Railroad to Echo Avenue. Elliott Street, both sides, from Park Street to Echo Avenue. ADD: Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #326 September 13, 2002 Honorable City Council c/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Request for a Stop Sign We have been asked to look into the possibility of placing STOP sign at the intersection of Beacon Street and County Way. We have investigated this location and found it meets the warrants for a stop sign. 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 sign; Beacon Street, Southeast bound drivers on Beacon Street at County Way. ADD: Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #327 Sep 10, 2002 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 Dear Mrs. Macdonald: I am pleased to announce the following newly hired firefighters effective September 9, 2002: 1. Peter Davis, 30 Ocean St. Beverly, MA 2. Eric Fowler, 8 Puritan Rd, Beverly, MA 3. Matthew Kowalski, 73 Haskell St., Beverly, MA 4. Brian LaTulippe, 31 Whitney Ave., Beverly, MA 167 5. Barry Lefavour, 9 Virginia Ave., Beverly, MA 6. Keith Rivers, 26 Overlook Road, Beverly, MA Please join us at our Swearing in Ceremony on Thursday, September 12, 2002 at 2:00 pm in the City Council Chamber, third floor City Hall. Very truly yours, Kenneth Pelonzi Commissioner of Public Safety Receive and Place on File Communications, Applications and Petitions #328 Application for Petroleum Storage License (2,000 Gallons), 181 Elliott Street Referred to Legal Affairs and Accounts #329 Communication from Wayne Garry, 97 Dodge Street relative to Beverly Commons Referred to Legal Affairs and Accounts #330 Communication from Anthony and Ellen Jack re donation of land for Open Space in exchange for Building Lot. Referred to Legal Affairs and Accounts Reports from Committees: #279 The Committee on Finance and Property to whom was referred the matter of Transfer to Accounts School Dept from Highway have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly approve a transfer to account FY 2002 Budget in the amount of two hundred sixty four thousand dollars, from account Highway Department to School Department Foundation. This transfer is required to cover the over-expenditure related to Health Insurance First Passage: Sept. 3, 2002 Public Hearing: Sept. 17, 2002 Final Passage: Sept. 17, 2002 8-0 Vote Order read once and adopted #284 The Committee on Finance and Property to whom was referred the matter of Mayors Report for FY 2002 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Vote 8-0 Order read once and Adopted 168 #296 The Committee on Finance and Property to whom was referred the matter of Claim, Janet Richard 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 #300 The Committee on Finance and Property to whom was referred the matter of Communication from MassDevelopment Finance Agency re YMCA 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 #314 The Committee on Finance and Property to whom was referred the matter of Communication from Dept of Revenue re Tax Abatements fro affordable housing 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 #40 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Hurd Stadium 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 #156 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Beverly Golf and Tennis Club 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 #277 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Veterans Early Retirement 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 #285 169 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance re MV & T Do Not Enter, Tremont Street 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 Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Do Not Enter Tremont Street Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 94 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: (5) Tremont Street, DO NOT ENTER, from Cabot St., 7:00 AM to 9:00 AM ADD: This ordinance to take effect upon passage according to City Charter. First Passage: September 16, 2002 Final Passage: October 7, 2002 Vote 8-0 Order read once and held for final passage as per Charter provisions #287 The Committee on Legal Affairs and Accounts to whom was referred the matter of Street Acceptance-Cogswell Avenue 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 accept the Cogswell Avenue Extension as per the request of the Planning Board 8-0 Vote Order read once and adopted #288 The Committee on Legal Affairs and Accounts to whom was referred the matter of Order of Taking-Hill Property 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 adopt the attached Confirmatory Order of Taking by Eminent Domain for the reason stated therein as per the request of the Planning Department 8-0 Vote Order read once and adopted #292 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Stop Sign Birch Woods at Cross have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption 170 In the year Two Thousand and Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign-Birch Woods Drive at Cross Lane Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Birch Woods Drive, northbound drivers on Birch Wood Drive at Cross ADD: Lane This ordinance to take effect upon passage according to City Charter. First Passage: September 16, 2002 Final Passage: October 7, 2002 Ordinance read once and held for final passage according to Charter Provisions 8-0 Vote #293 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Stop Sign Spruce Run at Cross St. 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 Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign-Spruce Run at Cross Lane Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Spruce Run, northbound drivers on Spruce Run at Cross Lane ADD: This ordinance to take effect upon passage according to City Charter. First Passage: September 16, 2002 Final Passage: October 7, 2002 8-0 Ordinance read once and held for final passage according to Charter Provisions Vote #294 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Stop Sign-Meeting Place at Meadow have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption In the year Two Thousand and Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign-Meeting Place Circle at Meadow Road Be it ordained by the City Council of the City of Beverly as follows, to wit: 171 That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Meeting Place Circle, southwesterly bound drivers on Meeting Place ADD: Circle at Meadow Road This ordinance to take effect upon passage according to City Charter. First Passage: September 16, 2002 Final Passage: October 7, 2002 Order read once and held for final passage as per Charter Provisions 8-0 #295 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Tow Zone-Park Street 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 Two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Tow Zone-Park Street Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 137 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Park Street, westerly side, from Federal Street fifty-eight (58) feet ADD: southerly. This ordinance to take effect upon passage according to City Charter. First Passage: September 16, 2002 Final Passage: October 7, 2002 8-0 Vote Order read once and held for final passage as per Charter Provisions #297 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm re Historic District Commission from Front Street Condo Trust 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 #306 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Second Hand Junk Dealers License-Sean Fenton, 265 Rantoul Street 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 172 #386 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Second Hand Junk Dealers License-Daniel Marks, 260 Cabot Street 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 #313 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Dept of Housing re changes to Chapter 40B 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 #316 The Committee on Legal Affairs and Accounts to whom was referred the matter of request for Stop sign at Lothrop and Stone Streets 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 #45 The Committee on Public Service and Aid to whom was referred the matter of have Improvements to Putnam St. 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 #65 The Committee on Public Service and Aid to whom was referred the matter of have Traffic commission regarding Cummings Center Area 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 #203 The Committee on Public Service and Aid to whom was referred the matter of Removal of wires Shortell Ave. 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 #246 173 The Committee on Public Service and Aid to whom was referred the matter of Reappointment to Council on Aging Kathryn Burns 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 reappointment of Kathryn Burns and waive the residency requirement. 8-0 Vote Order read once and adopted #274 The Committee on Public Service and Aid to whom was referred the matter of Public Service and aid develop scope of services have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Public Service and Aid Committee develop a scope of Services and estimated costs for a Fire Safety Study for the City. 8-0 Vote Order read once and adopted #282 The Committee on Public Service and Aid to whom was referred the matter of Appointment of Traffic Supervisors as Special Police 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 RESOLUTIONS: Unfinished Business: Motions and Orders: #331 By Councilor Morency Ordered: That the City Council request that the mayor direct the building Dept of the appropriate department to conduct an inventory of the group homes in Beverly. Under the recent changes in Chapter 40B, group homes can be counted as part of the 10% affordable housing requirement. Referred to Legal Affairs and Accounts Meeting adjourned: 8:28 PM Frances A. Macdonald, CMC City Clerk 174