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2006-10-02 Regular Meeting of Beverly City Council 7:00 PM Oct. 2, 2006 Roll Call : Councilors Present: John Burke, William Coughlin, Timothy Flaherty arrived at 7:10, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Councilors Gooding and Hobin arrived at 8:05 as they were at a meeting with the school committee Pledge of Allegiance to the Flag : Led by Councilor Martin Appointments: Public Hearings and Presentations: 7:02 PM Petition-Verizon - Underground Conduits Cherry Hill Drive Refer to Public Services 7:05 PM Safe Drinking Water Alliance 7:25 PM Presentation to Council for efforts David S. Lynch Appreciation Day 7:30 PM Joyce McMahon Acceptance of Minutes: Meeting September 19, 2006 Communications from His Honor the Mayor : #214 October 2, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the attached Proclamation declaring Wednesday, October 4, 2006 as ENERGY STAR Change a Light Day. Very truly yours, William F. Scanlon, Jr., Mayor P R O C L A M A T I O N WHEREAS: Energy efficiency is important to the City of Beverly, Massachusetts, because it saves consumers and businesses money, and helps protect the environment because it lessens greenhouse gas emissions and reduces air pollution; and WHEREAS: The nation’s Mayors are committed to maintaining secure, safe and affordable energy resources for their citizens; and WHEREAS: By taking the ENERGY STAR Change a Light Pledge – citizens of Beverly, ® Massachusetts have the opportunity to save energy and to help voluntarily reduce greenhouse gas emissions by switching to ENERGY STAR qualified light bulbs and lighting products in their homes; and WHEREAS: If every home in Beverly, Massachusetts made this one change, our City would save more than 800,000 kWh of electricity per year, enough to light 386 homes and resulting in an annual total savings of more than $100,000 in energy costs while also reducing the amount of carbon dioxide gas going into the air by nearly 1.3 million pounds the equivalent of removing 112 cars from the road; and 103 WHEREAS: The City of Beverly Massachusetts is proud to do our part in this nationwide effort, celebrating this day—ENERGY STAR Change a Light Day—to promote energy efficiency and environmental stewardship in every household, by installing ENERGY STAR qualified lighting; NOW THEREFORE, I William F. Scanlon, Jr., accept this Pledge and encourage the citizens of Beverly, Massachusetts to make this important change, and by virtue of the power vested in me as Mayor, hereby proclaim October 4, 2006, as ENERGY STAR Change a Light Day Given under my hand and the Great Seal of the City of Beverly, Massachusetts this 2nd day of October 2006. Mayor of Beverly, Massachusetts 7-0 Vote Recommend adoption of the order Communications from other City Officers and Boards #215 September 27, 2006 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Councilors: RE Stop Sign Ordinance change request, Webber and Porter We have received requests for a Stop sign at the following location: Webber Avenue at the intersection of Porter Street We have looked into this request and we concur with it. Please take the necessary action to amend Chapter 14, Section 86 as follows: ADD: Sec 14-86 (b) Obedience to isolated stop signs Webber Avenue, Southwest bound drivers on Webber Ave at Porter St. Very truly yours, Christopher J. Negrotti, Traffic Sergeant Safety Officer Refer to Legal Affairs #216 Lease Agreement-Beverly Airport and General Aviation Services Refer to Legal Affairs Communications, Applications and Petitions: #217 Application-Petroleum Storage, 47 L. P. Henderson Road, Aviation Gasoline Refer to Legal Affairs #218 Application-Second Hand Junk Dealers License-Ann’s Fine Consignment, 194 Cabot St. 104 Refer to Legal Affairs #219 Request to purchase City Owned Land near Hannah School Refer to Finance and Property #220 Petition of Verizon for conduits and pole at Federal and Rantoul Streets Refer to Public Services Reports from Committees: #213 The Committee on Finance and Property to whom was referred the matter of Ordinance-Personnel Unclassified Salaries 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, November 6, 2006 at 7:05 PM in Council Chambers, third Floor, 191 Cabot Street, Beverly, MA relative to an ordinance change to increase the salary range of the position of Mayor. Order read once and Adopted 9-0 Vote #187 The Committee on Legal Affairs to whom was referred the matter of sewage backup 9 Bosworth St. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Refer to City Solicitor # 170 The Committee on Legal Affairs to whom was referred the matter of joint public hearing with Planning Board have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the City Council and the Planning Board will hold a joint public hearing on Monday, November 6, 2006 at 7:10 PM in Council Chambers, Third Floor, 191 Cabot St., Beverly, MA relative to the proposed amendment to section 29-26.C. of the Zoning Ordinance Order read once and adopted 8-0 Vote #179 The Committee on Legal Affairs to whom was referred the matter of application Peddlers License-Horizon Foods have considered said matter and beg leave to report as follows, to wit: Receive and Placed on File Order read once and adopted 8-0 Vote #197 The Committee on Legal Affairs to whom was referred the matter of communication relative to ordinance to regulate news racks have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote 105 #204 The Committee on Legal Affairs to whom was referred the matter of Appointment-Danvers Representative to Airport Commission- Stephen Fryer have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 8-0 Vote #205 The Committee on Legal Affairs to whom was referred the matter of reappointment- Conservation Commission-Mayo Johnson have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the Appointment Ordinance read once and adopted 8-0 Vote #206 The Committee on Legal Affairs to whom was referred the matter of appointment as Constable – Ulrick Lafontant, Jr. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 8-0 Vote #207 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Motor Vehicles and Traffic relative to Stop Signs 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 six An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Obedience to Isolated Stop Signs That Chapter 14, Section 86 (b), of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby amended by adding the following: ADD: Lovett Street, Northeast and Southwest bound drivers on Lovett Street at Atlantic Avenue ADD: Lee Street, East bound drivers on Lee Street at Folger Avenue This ordinance to take effect upon passage according to City Charter Provisions First Passage: May 16, 2005 Final Passage: June 6, 2005 Ordinance read once and held for final passage as per charger provisions Referred back to Legal Affairs #208 The Committee on Legal Affairs to whom was referred the matter of communication from Pickman Park Association re Brackenbury Beach have considered said matter and beg leave to report as follows to wit: Receive and Place on File Order read once and adopted 8-0 Vote #209 The Committee on Legal Affairs to whom was referred the matter of application for Auctioneers License-Kaminski Auctioneers. 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 106 #220 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 will hold a public hearing on Monday, October 16, 2006 at 7:02 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, MA relative to a petition for one pole in Public way on Federal Street, place 221 feet of underground conduit in Federal Street and approximately 70 feed of underground conduit in Rantoul Street. This work is necessary to provide service to new condominiums on Federal Street. Order read once and adopted #170 The Committee on the Whole to whom was referred the matter of Zoning Ordinance Sec 29-26.C have considered said matter and beg leave to report as follows to wit: Recommend that the order be referred to Legal Affairs to set a joint public hearing Order read once and adopted 8-0 Vote #200 The Committee of the Whole to whom was referred the matter relative to retirement benefits have considered said matter and beg leave to report as follows to wit: Refer to Finance and Property Order read once and adopted 8-0 Vote Unfinished Business: #154 Ordinance Animals-Chapter 4, Article II Dogs and Cats-Animal Waste Resolutions: #212 Eagle Scout-George William Dunbar, IV # 221 Eagle Scout- Antonio Hernandez, IV #222 Eagle Scout-Parker J. Shea # 223 By Councilor Grimes, Resolved, That the City Council convene a community forum or series of forums to gather community input and to discuss issues regarding the decision-making, management, supervision, and implementation of the High School renovation and reconstruction project; and, further, that, in addition to the public, the City Council invite the School Committee, the Planning and Construction Committee, the Superintendent of Schools, and His Honor, the Mayor. Refer to Committee of the Whole Motions and Orders: #224 By Councilors Hobin and Flaherty: Ordered: That a member of the School Committee be appointed to serve as liaison to the City Council’s Finance and Property to oversee financial matters. Refer to the Committee of the Whole 6-3 Vote Meeting adjourned: 8:55 PM Frances A. Macdonald, CMC City Clerk 107