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2002-04-017:30 PM Presentation by Donald Stacey 7:58 PM #127Public Hearing Petition Mass Electric JO pole Berrywood Lane Referred to Public Service and Aid Regular Meeting of Beverly City Council April 1, 2002 The following Councilors were present: Coughlin, Martin, McGlynn, Roll Call: Morency, Murray, Troubetaris, Guanci. Councilor Costa was absent. : Led by Councilor McGlynn Pledge of Allegiance to the Flag Appointments: Clerk of Committees, Kathleen P. Connolly #159 City Clerk, Frances A. Macdonald #160 Acceptance of Minutes of Previous Meeting: Meeting of March 18, 2002 : Communications from His Honor the Mayor #141 April 1,2002 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 Subordination Agreement for property owned by Wayne J. Contois at 32- 34 Grant Street, Beverly, MA 01915 Attached is a communication from William O’Hare, Community Development Manager concerning this request. Very truly yours, Thomas M. Cream, Mayor Referred to Legal Affairs and Accounts #142 April 1, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the attached communication from Public Safety Commissioner Kenneth Pelonzi appointing Richard F. Pierce as Fire Chief for the City of Beverly, effective July 5, 2002. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid 67 #157 April 1,2002 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 Lease Agreement between the City of Beverly and SeniorCare as per the attached communication from Leslee Breen Council on Aging Director Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts Communications from other City Officers and Boards #143 March 26, 2002 Honorable City Council City of Beverly City Hall Beverly, MA 01915 RE: Acceptance of Sunday Drive Dear Honorable Council: At a meeting of the Beverly Planning Board on May 17, 2000 members of the Board Voted, on the recommendation of the City’s Engineering Department, that Sunday Drive be accepted as a public way. All obligations have been met by the Developers regarding this Subdivision. Respectfully, Richard Dinkin, Chairperson Referred to Legal Affairs and Accounts #144 March 22, 2002 Honorable City Council 191 Cabot St. Beverly, MA 01915 RE: Recommendation from planning re Proposed Zoning Amendment Dear Members of the Council On March 18, 2002, members of the Planning Board and the City Council conducted a Joint Public hearing on the above-referenced Council Order. After the Hearing, the board discussed the proposal and voted that evening to table further discussion to the Board’s regular meeting on March 19, 2002. Following a discussion at the March 19, 2002 meeting the Board voted on the proposed zoning amendments separately and the results are as follows: Members voted 7-1 (Thomas opposed) to adopt the proposed NOT amendment to Section 29-23.D.1 of Council Order #29 68 Members voted 8-0 to adopt the proposed amendment to Section NOT 29.23.D.2c of Council Order #29 Please feel free to contact City Planner Debra Hurlburt at 978-921-6000 ext. 173 if you need any additional information on the Planning Board’s recommendation. Respectfully, Richard Dinkin, Chairperson Referred to Legal Affairs and Accounts #145 TO: City Council FROM: Peter Gilmore DATE: March 28,2002 IN RE: Analysis of Beverly Golf & Tennis Management Contract provision In response to Councilor Morency’s request I have prepared the attached analysis. Please note that some of the figures are my best estimates based upon the information that I have available. If anyone believes that the use of these numbers is not reasonable then I would be happy to consider appropriate changes. Referred to Receive and Place on File Communications, Applications and Petitions #146 Request from Gordon’s to use City Seal on products sold by them Referred to Legal Affairs and Accounts #147 Communication from DEP Technical Advisory Committee re Salem/Beverly Water Supply Board Work plan for Further Sampling of Residuals in Marsh Areas Referred to Public Service and Aid #148 Communication re Health Issues at 34 Broadway Referred to Receive and Place on File CC: Building Inspector #149 Mass Department of Revenue Informational Guideline Release Proposition 2 2/1 Debt Exclusions Referred to Finance and Property #150 Petition of Mass Electric to install 2 4” conduit and misc. UG equipment under sidewalk on Hale Street at Vine St. Referred to Public Service and Aid 69 #151 Notice of Intent to prepare an Environmental Assessment for the proposed Maritimes Phase III/Hubline Project Amendments Receive and Place on File #152 Communication from Town of Wareham relative to Proposition 2 ½ Referred to Receive and Place on File #153 South Essex Sewerage Current Year Expense and Capital Projects Budget-Fiscay Year 2003. Referred to Finance and Property #154 Request to purchase or lease Centerville Fire Station Referred to Receive and Place on File Reports from Committees: #116 The Committee on Finance and Property to whom was referred the matter of Transfer to Account Planning Dept-Salaries-Staff Planner request 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 hold a Public Hearing on Tuesday, April 16, 2002 at 7;45 PM in Council Chamber, 191 Cabot Street, Beverly, MA relative to a transfer to account “Planning Department-Staff Planner” from account “Reserve for Unforeseen” in the amount of Eight Thousand Seven Hundred Forty Nine Dollars and ninety one cents. (8,749.91) First Passage: April 1, 2002 Public Hearing: April 16, 2002 Final Passage: April 16, 2002 8-0 Vote Order read once and adopted #130 The Committee on Finance and Property to whom was referred the matter of Request to buy or lease Ryal Side Fire Station 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 #131 The Committee on Finance and Property to whom was referred the matter North Shore Regional Vocational School Budgets of have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 70 8-0 Vote Order read once and adopted #81 The Committee on Legal Affairs and Accounts to whom was referred the matter of Johnson Golf Management application for Petroleum Storage License 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 #117 The Committee on Legal Affairs and Accounts to whom was revered the matter of Appointment Constable have considered said matter and beg John Ruehnwein leave to report as follows, to wit: Recommend the Council approve the appointment 8-0 Vote Order read once and adopted #118 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment Zoning Board of Appeals Alternate Members and Jane BruscaJoel have considered said matter and beg leave to report as follows, to wit Margolis Recommend the Council approve the appointment 8-0 Vote Order read once and Adopted #123 The Committee on Legal Affairs and Accounts to whom was referred the matter of Waiver of Right of First Refusal 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 Waiver of Right of First Refusal for Unit #307 at 38 Dunham Road as per the request of City Planner Debra Hurlburt. 8-0 Vote Order read once and adopted #140 The Committee on Legal Affairs and Accounts to whom was referred the matter Communication re Beverly Golf and Tennis Executive Session 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 #141 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement-Wayne Contois, 32-34 Grant St have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. 71 Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached SUBORDINATION AGREEMENT for Wayne Contois, 32-34 Grant Street, as per the attached communication from Community Development manager William O’Hare. 8-0 Vote Order read once and adopted #86 The Committee on Public Service and Aid to whom was referred the matter of Petition-Verizon Conduit on Essex and Old Essex Streets have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted 8-0 Vote Order read once and adopted #110 The Committee on Public Service and Aid to whom was referred the matter of request for J. Petronzio to attend meeting have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That John (Jake) Petronzio to appear before the next available PS&A meeting for inquiry removal of cannons from Veteran's Memorial grave site (Central Cemetery) as to his actions: without going through the proper procedure or chain of command. Order read once and adopted 7-1 Vote McGlynn opposed #119 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Library Board of Trustees have considered said matter Joanne Panunzio and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #121 The Committee on Public Service and Aid to whom was referred the matter of Appointment Chief of Police have considered said matter and beg John A. Cassola leave to report as follows, to wit: Recommend the Council approve the appointment 8-0 Vote Order read once and adopted #124 The Committee on Public Service and Aid to whom was referred the matter of request by Board of Health to hang banner over Cabot Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying orders and recommend their adoption. Ordered: That the Beverly Board of Health be allowed to hang a banner across Cabot Street for two weeks in April and be it further ordered that they be properly insured and that the banner be hung by a licensed rigger. 8-0 Vote Order read once and adopted 72 #127 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for JO Pole Berrywood Lane have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be Granted as amended 8-0 Vote Order read once and adopted #128 The Committee on Public Service and Aid to whom was referred the matter of The AirPorter request to use city 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 #132 The Committee on Public Service and Aid to whom was referred the matter of Beverly Farms Prides Crossing 4 of July Committee to hang banner have considered th said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Beverly Farms-Prides Crossing 4 of July Committee be allowed to th hang a banner across West Street for two weeks in April, and be it further ordered that they be properly insured and that the banner be hung by a licensed rigger. 8-0 Vote Order read once and adopted #133 The Committee on Public Service and Aid to whom was referred the matter of communication from Verizon re Double Poles 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 #139 The Committee on Public Service and Aid to whom was referred the matter of request appropriate officials explain traffic problems on Route 1A 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 #150 The Committee on Public Service and Aid to whom was referred the matter of Petition Mass Electric-conduit Hale at Vine 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 on Tuesday April 16, 2002 at 7:58 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for installation 2 4” Conduits and misc. UG 73 equipment under sidewalk on Hale Street at Vine Street. 8-0 Vote Order read once and adopted Resolutions: Unfinished Business: #41 Ordinance-Administration-Hazardous Waste Oversight Committee Vote 8-0 #98 Ordinance Public Works Water Supply Vote 8-0 #100 Ordinance MV & T No Parking Tow Zone-Highland Ave. Vote 8-0 Motions and Orders: #155 By Councilor Coughlin: Ordered: That a legal definition be established from the Ordinances and Charter to determine the fights and responsibilities between the Mayor, City Council and Golf and Tennis Commission, including the Enterprise Fund, for the operation of said club. Referred to Legal Affairs and Accounts #156 By Councilor Guanci: Ordered: That after speaking with the Chamber of Commerce, it is suggested that they insure their hooks over Cabot Street in their name and schedule all banners that are hung on said hooks. Referred to Legal Affairs and Accounts #158 By Councilor Troubetaris: Ordered: That a Handicap Parking Space be placed in front of 5 Melvin Avenue, Beverly to accommodate a handicap child with cerebral palsy. Referred to Legal Affairs and Accounts Meeting adjourned: 8:58 PM Frances A. Macdonald, CMC City Clerk 74