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2008-08-15 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 12 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Monday, December 22, 2008 10:08 AM To: minutes@beverlyma.gov Subject: 08.dec15.doc Regular Meeting Beverly City Council 7:00, PM December 15, 2008 Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Pledge of Allegiance to the Flag: Led by Councilor Martin Public Hearings and Public Speakers: 7:00 PM Patrick Lucci relative to train whistles 7:10PM Bruce Doig 7:15 PM Presentation PILOT/SILOT Committee 7:30 PM Public Hearing Appropriation relative to Drainage Projects Refer to Finance and Property 7:45 PM Public Hearing Zoning - 140 Brimbal Avenue - Refer to Legal Affairs and Planning Board Acceptance of Minutes: Meeting of December 1,2008 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #278 December 15, 2008 Honorable City Council 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of 12 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 Design Review Board: William Finch (Representative from the Historic District Commission) 50 Front Street Colleen Bruce 13 Cliff Street Their terms to be effective until December 1, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #279 December 15, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The Essex National Heritage Commission awarded the City of Beverly a Partnership Grant for the design, construction and installation of six informational kiosks to be placed at five open space locations throughout the city that includes a matching funds requirement. Therefore, I hereby request a transfer of Three Thousand Dollars ($3,000) to account "Planning Department - Consultant" from account "Reserve for Unforeseen Expenditures." Said sum of money to be expended under the direction of the Planning Director. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #280 December 15, 2008 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 Planning Board: Ellen Flannery 30 Conant Street Their terms to be effective until December 31, 2011. 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 12 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #281 December 15, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation Mr. Robert P. Bradley, 3 Liberty Road, Essex, MA 01929, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his letter of request for reappointment which has been approved by Police Chief Mark Ray. Mr. Bradley's term will be effective until December 31, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #282 December 15, 2008 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 Beverly Golf and Tennis Commission: Jeffrey Klein 36 James Street Chad Crandell 14 Hillcrest Road Kevin Ascolillo 4 Sherwood Lane Their terms to be effective until February 1, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 12 #283 December 15, 2008 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 Commissioners of Trust Funds: Ellen Dunn 79 Baker Avenue Term to be effective until December 31, 2010 William Howard 2 Sylvester Avenue Term to be effective until December 31, 2011 Lawrence M. Smith 86 Grover Street Term to be effective until December 31,2009 John Putney 29 Berrywood Lane Term to be effective until December 31,2009 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #284 December 15, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizen to serve as an alternate member to the Zoning Board of Appeal: Sally Koen 34 Abbott Street Her term to be effective until October 1, 2013. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from Other City Officers and Boards: 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of 12 #267 A December 10,2008 Honorable City Council City Clerk Fran MacDonald City Hall Beverly, MA 01915 Council Order #267 Ordinance Change Request: Heather Street This is a request for parking changes on Heather Street near the intersection of Herrick Street. This request would remove current December first through April first parking restriction. The request would create, "No Parking" at all times on the northeasterly side of Heather Street. Remove: Chapter 14-121 (3), Same During Certain Months, From December first to April first: Heather Street, northeasterly side, from Herrick Street to #34 Heather Street. Remove: Chapter 14-120, Prohibited on Certain Streets at All Times, from the current ordinance: Heather Street, northeasterly side, from Colon Street to 20' north of 34 Heather Street. Add: Chapter 14-120, Prohibited on Certain Streets at All Times, Heather Street, northeasterly side, from Colon Street to Herrick Street. Sincerely, Sgt. Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs #285 December 10,2008 Honorable City Council City Clerk Fran Macdonald City Hall Beverly, MA 01915 Handicapped Parking Request A request to add a, "Handicapped Parking", sign at 21 Knowlton Street. After conducting a site visit the sign is requested to be placed on the east side of Knowlton Street twenty feet south of the intersection of Charnock Street Sincerely, Sgt. Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs #266A December 10,2008 Honorable City Council City Clerk Fran Macdonald City Hall Beverly, MA 01915 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 12 Handicapped Parking Request A request to add a, "Handicapped Parking", sign at 1 0 Porter Street. After conducting a site visit the sign is requested to be placed on the west side of Porter Street in front of number 1 0, five feet from the driveway entrance of the abutting property. Sincerely, Sgt. Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs #286 December 10,2008 Honorable City Council City Clerk Fran MacDonald City Hall Beverly, MA 01915 Elliott Street Crosswalk Recommendation Beverly City Council, After several meetings and discussions with concerned members of the community the Beverly Police Departments Traffic Division requests the City Council approve the addition of a new crosswalk on Elliott Street near the Greene Street egress to Elliott Street. This would include the appropriate curb cuts for ADA compliance, posting of proper signs, improvements to a small amount of sidewalk on Greene St and the painting of the crosswalk on Elliott St. The crosswalk would extend across Elliott St opposite the Beverly School for the Deaf to the west corner of Greene St. closest to Dick and Junes Ice Cream Stand. Sincerely, Sgt. Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs and Accounts #111A December 10,2008 Honorable City Council City Clerk Fran MacDonald City Hall Beverly, MA 01915 Ordinance Change Request Relative to Council Order #111 This request is to create, "No Parking", on River Street, east and west side, from the intersection of School Street north to points designated on River Street. This will create changes to the current Ordinances as follows: Change: Chapter 14-122(n), Same During Certain Hours, second line"... from Webber Avenue to School Street..." Should read, "... from Webber Avenue to driveway curb cut at #6 River Street... ". Add: Chapter 14-120, Prohibited on Certain Streets-At All Times, River Street east and west side from curb cut at # 6 River Street to 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 12 School Street. Sincerely, Sgt. Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs Communications, Applications and Petitions: #287 Petition National Grid for installation of 5 4" conduits encased in concrete in Winter Street Refer to Public Services #194A (Late File) Communication from Parking & Traffic Commission re Cole/Boyles Street Traffic Related Citizen's Petition Refer to Legal Affairs #288 (Late File) Presentation by Patrick Lucci relative to Train Whistles Refer to Public Services Reports from Committees: #252 The Committee on Finance and Property to whom was referred the matter of Appropriation relative to drainage projects 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 approve the enclosed appropriation in the amount of three million five hundred seven thousand ($3,507,000) dollars for the construction of the north Beverly Drainage System, Chubbs Brook and other various projects. First Passage: Public Hearing: Final Passage: Nov. 17,2008 Dec. 1, Recessed until Dec. 15, 2008 Dec. 15,2008 - Roll Call Vote Yea: Burke, Coughlin, Cronin, Grimes, Hobin, Martin, Slate, Troubetaris, Flaherty Nay: None Absent: None - Order read once and adopted on roll call vote 9-0 Vote #279 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 12 The Committee on Finance and Property to whom was referred the matter of Transfer to Account Planning consultant 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, January 5, 2009 at 7:20 PM relative to a transfer in the amount of Three Thousand ($3,000.00) Dollars from account Reserve for Unforeseen Expenditures" to account "Planning Department - Consultant" Said sum of money to be expended under the direction of the Planning director. First Passage: Public Hearing: Final Passage: Dec. 15,2008 Jan. 5,2009 Jan. 5, 2009 Order read once and adopted 9-0 Vote #151 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication relative to Parking & Traffic concerns in the area surrounding Hurd Stadium have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #257 A The committee on Legal Affairs to whom was referred the matter of Lodging House License, Greycroft Inn 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 Lodging House License be granted to the Greycroft Inn with the attached stipulations. Order read once and adopted 9-0 Vote #259 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance Trench Safety and Permits have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption An Ordinance amending an Ordinance entitled "Public Works" Ordered by the City Council of the City of Beverly as follows: Amend Chapter 20 of the Revised City Ordinances by adding an Article VIII entitled "Trench Safety and Permits" as follows: Trench Safety and Permits. Sec. 20-175. Permit Granting Authority 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 12 The Commissioner of Public Services, Public Works, and Engineering, or his designee designated in writing shall be the city officer to issue permits for the purpose of creating a trench as that term is defined in G. L. c. 82A 94 and 520 CMR 14.00 Sec. 20-176. Optional Inspections Said permit granting officer may require the inspection of any proposed trench site before the issuance of any trench permit. Sec. 20-177. Police Details. Should the permit granting officer determine that any trench site is not covered, barricaded, or backfilled and is unattended and the permit holder, if any, be unavailable or refuses to take corrective action, the permit granting officer may secure the services of a police detail officer to make the trench site safe. The permit holder, landowner, or contractor shall be assessed the costs of providing said police detail. Sec. 20-178. Making Safe by Department of Public Works In addition to the securing of a police detail to make a trench site safe or in the alternative, should the permit granting officer determine that any trench site is not covered, barricaded, or backfilled and is unattended and the permit holder, if any, is unavailable or refuses to take corrective action, the permit granting officer may have the Department of Public Services take action to cover, barricade, or backfill said trench, and the permit holder, landowner, or contractor shall be assessed the costs associated with any such action, including overtime for Department of Public Services employees. Sec. 29-179. Blanket Permits For projects involving multiple trenches, the permit granting officer may issue a single blanket permit for such work. When a blanket permit is issued, the permit holder shall notify the permit granting officer of the location of each new trench as the permit holder becomes aware that such project requires an additional trench. Sec. 20-180. Fees a. The cost of a trenching permit, for entities other than the City of Beverly, shall be $50.00. b. In the case of a blanket permit the cost for entities other than the City of Beverly shall be $50.00 for each trench identified in or added to hereunder. c. The City of Beverly shall be issued trenching permits hereunder without cost. Sec. 20-181. Penalty a. The creation of a trench without first having obtained a permit hereunder shall be punished by a fine of $250.00. Said fine shall be in addition to and not in offset of any costs associated with corrective action taken under sections 20-177 and 20- 178 above. b. Failure to have properly covered, backfilled, or barricaded an unattended trench shall be punished by a fine of $250.00. Said fine shall be in addition to and not in offset of any costs associated with corrective action taken under sections 20-177 and 20-178 above. Ordinance read once and held for final passage as per charter provisions 9-0 Vote #265 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application-Auctioneers License-Frank Kaminski have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #268 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 12 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of waiver of ordinance alcohol in public buildings 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 the Ordinance, Alcohol in a Public Building, for the Senior Soiree being held at the Beverly Senior Center December 29, 2008 from 4:00 PM to 8:00 PM. Order read once and adopted 9-0 Vote #269 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 In the year two thousand and eight An ordinance amending an ordinance entitled Motor Vehicles and Traffic Be it ordained by the City Council of the City of Beverly as follows, to wit: Amend Chapter 14,125 One Hour Parking as follows: Riverside Street South side, One Hour Parking, 65 feet west of Rantoul Street to first curb cut (2 Spaces) Rantoul Street West side, One Hour Parking, 80 Feet south of Riverside Street to existing "No Parking Here to Corner" , prior to Federal Street Ordinance read once and held for final passage as per charter provisions 9-0 Vote #270 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T have considered said matter and beg leave to report as follows, to wit: In the year two thousand and eight An ordinance amending an ordinance entitled Motor Vehicles and Traffic Be it ordained by the City Council of the City of Beverly as follows, to wit: Amend Chapter 14,125 One Hour Parking as follows: Rantoul Street East Side, adjacent to number 393 Rantoul Street, 70 feet northerly from driveway entrance to Roundy Street (3 Spaces) Ordinance read once and held for final passage as per charter provisions 9-0 Vote #271 The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of the matter of Ordinance NV & T have considered said matter and beg leave to report as follows, to wit: 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 12 Submit the accompanying ordinance and recommend its adoption In the year two thousand and eight An ordinance amending an ordinance entitled Motor Vehicles and Traffic Be it ordained by the City Council of the City of Beverly as follows, to wit: Amend Chapter 14,124 Thirty Minute Parking as follows: Cabot Street East Side, adjacent to number 369-371 Cabot Street, extending 45 feet from crosswalk ramp northerly to first curb cut at driveway entrance (2 Spaces) Ordinance read once and held for final passage as per charter provisions 9-0 Vote #272 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for review of traffic situation on Story Avenue have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #273 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Lease Beverly Airport commission 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 Beverly Airport Commission lease with AB Aviation, LLC-Building 54 Lease Order read once and adopted 9-0 Vote #276 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for No Parking Signs have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That a "No Parking Here to Corner" sign be installed on the grassy area at the corner of Linden and Porter Streets; And that a "No Parking" sign be installed on the same grassy area further back toward the sidewalk in front of 9 Porter Street Order read once and adopted 9-0 Vote #287 12/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 12 of 12 The Committee on Public Services / Committee of the Whole 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 will hold a public hearing on Monday, January 5, 2009, at 7: 15 PM in Council Chambers, third Floor City Hall, 191 Cabot Street, Beverly relative to the enclosed petition of National Grid for the installation of 5;4" conduits encased in concrete in Winter Street Order read once and adopted 9-0 Vote Unfinished Business: Motions and Orders: #289 By Councilor Flaherty Ordered: That all pending orders and ordinance of the current year be forwarded to next years city government Approve 9-0 Vote Meeting adjourned: 1140 PM Frances A. Macdonald, CMC City Clerk 12/22/2008