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2006-09-05 Regular Meeting of Beverly City Council 7:00 PM Sept. 5, 2006 Roll Call : Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Coughlin Appointments: Public Hearings and Presentations: 7:05PM Continuation of Public Hearing re Rezoning Waterfront Development Public Hearing Recessed until October 16, 2006 at 7:05 PM Acceptance of Minutes: Meeting June 19, 2006 and Special Meeting of June 28, 2006 Communications from His Honor the Mayor : #160 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. George Heller, 101 Lovett Street, Beverly, MA 01915, to serve as a member of the Beverly Licensing Board. His term will be effective until June 1, 2012. Very truly yours, William F. Scanlon, Jr.,Mayor Refer to Legal Affairs #161 September 5, 2006 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 Conservation Commission: Ian Hayes 2 Brookhead Avenue Anthony Paluzzi 17 Victor Avenue Their terms to be effective until June 30, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs 86 #162 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as members of the Parks and Recreation Commission: Mr. Jeffrey Rubin 36 Middlebury Lane Beverly, MA 01915 He will fill the unexpired term of Michael Gaudette and his term will be effective until December 31, 2006 Mr. Michael Ralbovsky 10 Eleanor Avenue Beverly, MA 01915 He will fill the unexpired term of Kate Driscoll and his term will be effective until December 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #163 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Nancy Coffey, 97 Haskell Street, Beverly, MA 01915, to serve as an at-large member to the Open Space Committee. She will replace Mr. James MacNeil who has resigned and her term will be effective until August 31, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Recommend approval of the appointment 9-0 Vote #164 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Rosemary, Maglio, 30 Pleasant Street, Beverly, MA 01915, to serve as a member of the Solid Waste Management Committee as per the attached communication from Mary Rodrick, Co-chair of the Beverly Solid Waste Management Committee. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services 87 #165 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign a contract with O’Connor Motor Company, Portland, ME for a lease/purchase transaction for two buses for the School Department as described in the attached communication from David Gelineau, Purchasing Agent. Because the contract is for a five-year term, Council approval is needed. I further request that your Honorable Council take action on this matter this evening. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #166 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Frank Salvo, 24 Riverview Avenue, Danvers, MA 01923, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Police Chief John Cassola has approved this application for reappointment. Mr. Salvo’s term will be effective until September 30, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #167 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In order to help ensure the safety of our school children, five additional crossing guards should be added to be in place if possible for tomorrow’s school opening. The School Committee has voted not to add additional guards. I urge you tonight to take a favorable first vote to transfer Twenty Thousand Dollars ($20,000), a sum sufficient to pay for five crossing guards, from account “Reserve for Unforeseen” in my budget to account “Crossing Guards” also in my budget and to schedule a Public Hearing on this matter. That being done the School Superintendent assures me that every effort is being made to have these guards in place tomorrow morning for school opening. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #168 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 88 Dear Honorable Council: I would appreciate your review and subsequent approval of the attached request from City Planner Tina Cassidy to follow the lead of other communities and adopt a local option law which provides a slight amount of attendance leeway to Board and Commission members reviewing a particular proposal. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #169 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As per the attached letter from Finance Director John Dunn, I hereby request a transfer of Nine Thousand Dollars ($9,000) from account “Reserve for Unforeseen” in my budget to a line item to be established with the City Council’s budget to pay for the following two items: 1. Implementation of an archival system for taped Council proceedings previously approved but not yet funded. 2. Improvements to the sound system in the Council Chambers including hand held microphones and additional speakers. Said sum to be expended under the direction of the City Clerk. More detail is included in John Dunn’s attached letter. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #170 September 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that your Honorable Board sponsor the proposed zoning amendment as requested by Assistant City Solicitor Bob Munroe in the attached correspondence. (Section 29.26.C) Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs, Committee of the Whole and the Planning Board Communications from other City Officers and Boards #171 July 24, 2006 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I have enclosed for your information the Call for the September 19, 2006 State Primary Election. Respectfully, Frances A. Macdonald, CMC, City Clerk Receive and Place on File 89 #172 Communication from City Solicitor relative to Pending Litigation against city. Receive and Place on File #173 Communication from City Solicitor relative to Pending Litigation Beverly Contributory Retirement Board. Receive and Place on File #174 Communication from City Solicitor relative to outside counsel for 2006 FY Receive and Place on File #175 Communication from Chief Cassola relative to promotion of Michael Devlin to permanent Police Sergeant Receive and Place on File Communications, Applications and Petitions: #176 Application Class II MVDL-Executive Auto Detail, LLC, 110 Park Street Refer to Legal Affairs #177 Petition-Verizon 60 feet of underground conduit in Cole Street Refer to Public Services #178 Communication from MassDevelopment Finance Agency re YMCA of the North Shore Inc. Receive and Place on File #179 Application for Peddlers License-Horizon Foods Refer to Legal Affairs #180 Communication relative to purchase of city owned property by Kevin and Susan Barry at 865 Hale St. Refer to Finance and Property #181 Request for waiver of City Ordinance relative to alcohol in public building Beverly Farms Library for event Sep. 14, 2006 Refer to Legal Affairs #182 Request for waiver of Building Fees for projects at Beverly Housing Authority Refer to Finance and Property 90 #183 Communication from MassDevelopment Finance Agency re funding Glen Urquhart School Receive and Place on File #184 Communication from Meridian Associates re 240 and 242 Elliott Street Receive and Place on File #185 Hancock Associates Environmental Notification Form Bass River, Beverly, LLC – Pier Project Receive and Place on File #186 Beverly Main Streets request to use Cabot Street for Arts Fest Beverly, 2007 (June 2, 2007) Refer to Finance and Property #187 Communication relative to sewage back up at 9 Bosworth St. Refer to Public Services #188 Application for increased petroleum storage at 443 Essex St. SASG, LLC Refer to Legal Affairs #189 Application Cab Express for Livery License, Cummings Center #107P Refer to Legal Affairs #190 Application Class II MVDL, 42 Park St. Depot Auto Sales Refer to Legal Affairs #191 Application Limousine License-Special Nite’s Limo, Thomas Santamaria Refer to Legal Affairs #192 Petition-National Grid Installation of 2 3” conduits encased in concrete in Cole St. Refer to Public Services #193 Communication from Northeast Gateway Energy Bridge, LLC re Natural Gas Refer to Public Services 91 #194 Communication from HealthLink re energy efficiency and conservation in Beverly Refer to Receive and Place on File #195 Communication from James Bartlett re 48 Wellman Street and la d use near old sewer lines Refer to Legal Affairs #196 Application Limousine License Davidson Limousine Co., LLC (Second Vehicle) Refer to Legal Affairs #197 Communication relative to Ordinance to Regulate the Placement of News Racks on Public Property Refer to Legal Affairs #198 Communication form Sons of Union Veterans of the Civil War relative to sale of GAR Hall Refer to Finance and Property and Committee of the Whole Reports from Committees: #167 The Committee on Finance and Property to whom was referred the matter of Crossing Guards 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 Monday, September 18, 2006 at 7:15 PM in Council Chambers, Third Floor, 191 Cabot Street Beverly, MA relative to a Transfer for additional Crossing Guards First Passage: Sep. 5, 2006 Public Hearing: Sep. 18, 2006 Final Passage: Sep. 18, 2006 Order read once and adopted 8-0 Vote # 169 The Committee on Finance and Property to whom was referred the matter of Transfer to 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 hold a Public Hearing on Monday, September 18, 2006 at 7:20 PM in Council Chambers, Third Floor, 191 Cabot Street Beverly, MA relative to a transfer of Nine Thousand Dollars ($9,000) from account “Reserve for Unforeseen” in my budget to a line item to be established with the City Council’s budget to pay for the following two items: 3. Implementation of an archival system for taped Council proceedings previously approved but not yet funded. 4. Improvements to the sound system in the Council Chambers including hand held microphones and additional speakers. Said sum to be expended under the direction of the City Clerk. First Passage: Sep. 5, 2006 Public Hearing: Sep. 18, 2006 Final Passage: Sep. 18, 2006 Order read once and adopted 8-0 Vote 92 #165 The Committee on Legal Affairs to whom was referred the matter of School Bus leases 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 mayor to sign a five year contract with O’Connor Motor Company, Portland, Maine for a lease/purchase transaction for two school busses. Order read once and adopted 8-0 Vote #181 The Committee on Legal Affairs to whom was referred the matter of Waiver of City Ordinance, Alcohol in Public Building 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 waive Section 15-10 of the City Ordinance relative to consumption of alcoholic beverages in public buildings as per the request of the Beverly Farms Library for an art reception at the Beverly Farms Library on September 14, 2006. Order read once and adopted 8-0 Vote #188 The Committee on Legal Affairs to whom was referred the matter of application for additional petroleum Storage at 443 Essex St. have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 8-0 Vote #177 The Committee on Public Services to whom was referred the matter of Petition of Verizon 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 hold a Public Hearing on Monday, September 18, 2006 at 7:02 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Verizon for placing approximately 60 feet of underground conduit in a Public Way on Cole Street. This service is to provide service for Thompson Farm Way. Order read once and adopted 9-0 Vote #192 The Committee on Public Services to whom was referred the matter of Petition of National Grid 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 hold a Public Hearing on Monday, September 18, 2006 at 7:05 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for placing 2 3’ conduits encased in concrete in Cole St. Order read once and adopted 9-0 Vote Unfinished Business: Resolutions: #199 Resolution - Judy Gillespie Motions and Orders: 93 #200 By Councilor Coughlin: Be it resolved to notify the Beverly Retirement Board that by a recorded vote, the Beverly City Council is opposed to city employees, or retirees, being allowed any additional retirement benefits by reason of any employee’s use of city vehicles during their employment. Refer to Committee of the Whole #201 By Councilor Coughlin: Ordered: That upon request from the Wenham Lake Watershed Association that the park created near Henderson Road at the former Vitale site by National Grid be hereby named the “Wenham Lake Watershed Park” Refer t Finance and Property Copy to Recreation #202 By Councilor Martin: Ordered: That the City Council President appoint a sub-committee to review the City’s sign ordinance, including sandwich board signs, real estate signs, yard sale signs and their enforcement. The sub-committee will be comprised of three Councilors, a representative of the Planning Dept., the Building Commissioner, a representative of the Chamber of Commerce and Main Streets, and one resident. The sub-committee will report back to the full Council within three months with recommended changes to the existing sign ordinance. Recommend approval of the order 9-0 Vote Meeting adjourned: 9:50 PM Frances A. Macdonald, CMC City Clerk 94