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2007-02-20 Regular Meeting Beverly City Council 7:00, PM February 20, 2007 Roll Call: Councilors Present: John Burke arrived at 7:05, , Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Councilor William Coughlin was absent Pledge of Allegiance to the Flag: Led by Councilor Flaherty Appointments: Public Hearings and Presentations: 7:05 PM Public Hearing-Transfer To Account Purchase Police Cruisers ($60,000) Refer to Finance and Property National Grid Wrap-Up of project Acceptance of Minutes: Meeting of Feb. 5, 2007 Communications from His Honor the Mayor: #44 February 20, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Stephanie M. Williams, 4 Hopkins venue, Beverly, MA 01915, to serve as a member of the Beverly Planning Board. She will replace Mr. Peter Thomas who has resigned due to personal reasons. Ms. Williams' term will be effective until December 31,2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #45 February 20, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached is a letter from Frank Killilea, Director of Engineering, describing a section of road known as Jewett Road Extension which needs to be considered by your Honorable Council for possible acceptance as a city street. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs Communications from Other City Officers and Boards: #46 Feb. 5, 2007 24 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 Dear Mrs. Macdonald I am pleased to announce the following newly hired firefighters, from our reserve list, effective Tuesday, February 20, 2007: Brian C. Mahan 5 College Lane Beverly, MA Kevin D. Smith 11 Brimbal Ave. Beverly, MA Very truly yours, Richard F. Pierce, Chief Receive and Place on File Communications, Applications and Petitions: #47 Request for waiver of Ordinance, Alcohol in Public Building for an occasion by the Beverly Senior Center on May 12, 2007 held by the Cardinal Alumni Association Refer to Leqal Affairs #48 License application from DEP on behalf of David Carnevale, 44 Prince St. for small recreation dock. Receive and Place on File #49 Request for waiver of Ordinance, Alcohol in Public Building for an occasion at the Beverly Farms Library on March 22, 2007. Refer to Leqal Affairs #50 Application Second Hand Junk Dealers License, De-Ja-Vu, 145 Cabot St. Refer to Leqal Affairs #51 Application-Limo License-NDARYD Transportation Refer to Leqal Affairs #52 Communication relative to Encroachment of part of building and landscaping on City Property Receive and Place on File Refer to Enqineerinq, City Solicitor, Planninq and Buildinq Inspector #53 Communication relative to non hook up of sewer at 15 Hobart Avenue Refer to Public Services 25 Reports from Committees: #06-219 The Committee on Finance and Property to whom as referred the matter of Communication relative to the Purchase of City Property near the Hannah School 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 #16 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account No. Beverly Drainage 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 for an appropriation of Three Hundred Fifty Thousand Dollars ($350,000.00) to account "North Beverly Drainage Project" from the "Sewer Account." Said sum of money to be expended under the direction of the Director of Engineering. Order read once and adopted 8-0 Vote #34 The Committee on Finance and Property to whom was referred the matter of Transfer to Account Police Cruisers ($60,000) 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 for a transfer to Account "Police Department-Cruisers" from account "Reserve for Unforeseen Account" in the amount of Sixty Thousand Dollars ($60,000) Said sum of money to be expended under the direction of the Chief of Police. Order read once and adopted 8-0 Vote #06-268 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication relative to sidewalk on south side of Pleasant Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to Engineering, City Solicitor, Planning and Building Inspector Order read once and adopted 8-0 Vote #1-A The Committee on Legal Affairs to whom was referred the matter of Communication relative to Joint Public Hearing relative to reuse of existing buildings 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 #29 The Committee on Legal Affairs to whom was referred the matter of Appointment Design Review Board of Larry Jaquith have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 26 Order read once and adopted 8-0 Vote #30 The Committee on Legal Affairs to whom was referred the matter of Appointment-Zoning Board of Appeals- Alternate Patricia Murphy relative to 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 #31 The Committee on Legal Affairs to whom was referred the matter of Appointment Conservation Commission-David Lang 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 #35 The Committee on Legal Affairs to whom was referred the matter of Comm. from Planning relative to Zoning Ordinance amendment 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 and the Planning Board will hold a Joint Public Hearing on Monday, March 19,2007 at 7:05 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, MA relative to a Proposed Zoning Amendment relative to maximum building height in the ""CC" Zoning District. Order read once and adopted 8-0 Vote #36 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re No parking That Chapter 14, Section 120, of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding the following: DELETE: Bartlett St., westerly side from Cabot St. to Lovett St. ADD: Bartlett St., westerly side from Cabot St. to 19 Bartlett St. This ordinance to take effect upon passage according to City Charter First Passage: Final Passage: Feb. 5, 2007 Feb. 20, 2007 Ordinance read once and held for final passaqe as per charter provisions 8-0 Vote #37 The Committee on Legal Affairs to whom was referred the matter of Application Amusement Device License- The Sports Connection (Formerly the Press Box) 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 #38 27 The Committee on Legal Affairs to whom was referred the matter of Application for Lodging House License, 276-278 Rantoul St. (Formerly Lighthouse) 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 #39 The Committee on Legal Affairs to whom was referred the matter of Application Lodging House License- Beverly Affordable Housing, 325 Cabot 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 #40 The Committee on Legal Affairs to whom was referred the matter of Communication relative to sidewalk encroachment 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 #41 The Committee on Legal Affairs to whom was referred the matter of Communication relative to sidewalk encroachment have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to Engineering, City Solicitor, Planning and Building Inspector Order read once and adopted 8-0 Vote #32 The Committee on Public Services to whom was referred the matter of Appointment to Council on Aging of Claire-Marie Hart and Edward Glickhouse 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 Unfinished Business: Resolutions: Motions and Orders: #45a By Councilor Hobin: Ordered: That Jewett Road Extension be accepted as a City Street Refer to Leqal Affairs #54 By Councilors Gooding and Troubetaris Ordered: That a representative of the Beverly Harbor Management Authority be invited to appear before the Council at its next regular meeting in order to provide an update to the Council and general public regarding the current activities and goals of the Authority. 28 Order read once and adopted 8-0 Vote #55 By Councilor Troubetaris: Ordered: That the double-pole at 19 Hillside Avenue be removed Referred to Public Services #56 By Councilor Troubetaris: Ordered that a culvert be installed on Sturtevant St. to alleviate the drainage problem at the upper end of Sturtevant St. in the area of #60. Referred to Public Services #57 By Councilor Martin: Dear Council: The ad-hoc Committee on Signs met over ten times since the end of September. The Committee was initially formed to consider the status of sandwich board signs. Right not they are prohibited, despite the fact that you see them all over the City. However, the recent proliferation of these signs and abuses (like leaving them out on the public sidewalk all night) prompted the creation of this Committee and required the City to reconsider the issue. Over several months' worth of meetings, the Committee met with the Mayor, Finance Director, Health Director, City Clerk, Police Chief, Public Services Director, City Solicitor, Assistant City Solicitor and the Design Review Board. The Committee drafted a new ordinance that will allow a business to have a sandwich board sign provided a number of conditions are met. One of the conditions will be licensing of the sign by the City Council on an annual basis, to ensure that liability insurance is in place and current and to ensure compliance with the other requirements of the zoning ordinance. The amendments being proposed also address other types of signs, particularly real estate advertising and yard sale signs. The amendments to the Zoning Ordinance require a joint public hearing with the Planning Board, which should occur in April. The amendments to the Revised City Ordinance do not require a public hearing, but will be held in the Legal Affairs Committee until the joint public hearing is held. I wish to thank the following members for their service on the Committee and their many hours of thoughtful discussion: Councilor-at-Large Bill Coughlin, City Planner Tina Cassidy, Executive Director of Main Streets Ann Marie Casey, Executive Director of the Beverly Chamber of Commerce Sue Mueller, Building commissioner Bob Nelson and resident Michael Lawler. The ad-hoc Committee on Signs looks forward to a discussion of this issue with the City Council and Planning Board. Sincerely, Donald G. Martin Ward 5 Councilor Refer to Leqal Affairs Meeting adjourned: 8:20 PM Frances A. Macdonald, CMC City Clerk 29