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1995-04-0362 7:58 P.M. A Public Hearing relative to NYNEX petition for conduit on Essex Street near Harry Ball Field Remanded to the Committee on Public Service and Aid REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, APRIL 3, 1995 ROLL CALL: PRESENT: Coughlin, Gilmore, Golin, McGlynn, Murray, Troubetaris and Nardella, Mahan at 8:05 p.m. ABSENT: Rollins PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Troubetaris ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of March 20, 1995 meeting - Motion passes. CONFIRMATIONS: # 130 The appointment of Debra Hurlburr as Assistant Planning Director was unanimously confirmed. #131 The appointment of Steve Reynolds to the Commission for the Physically and Mentally Handicapped was unanimously confirmed. #132 The appointment of Timothy Creamer as Constable in the City of Beverly was unanimously confirmed. #133 The appointment of Chester Mazer as Constable in the City of Beverly was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: #149 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of One Thousand One Hundred Forty Dollars ($1,140) to account "City Clerk - Salaries" from account "Reserve For Unforeseen." Said sum of money to be expended under the direction of the City Clerk. Attached is a communication from Constance Perron concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #150 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Fifteen Thousand Dollars ($15,000) to account "Fire Department - General Emergency" from account "Reserve for Unforeseen." Said sum of money to be expended under the direction of the Fire Chief. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #151 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Ten Thousand Dollars ($10,000) to account "Fire Department - General Emergency" from account "Fire Department - Maintenance of Buildings." 52 63 Said sum of money to be expended under the direction of the Fire Chief Kenneth Pelonzi. Very truly yours, William F. Scanion, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #152 Honorable City Council City Hall Dear Honorable Council: I hereby submit for your consideration the attached communication from Superintendent of Schools Lawrence Chase concerning his request that City of Beverly enact an ordinance that would provide for the ticketing of individuals who violate this law, and empowering designated administrators of the Beverly Public Schools to issue tickets on behalf of the City of Beverly. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #153 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the following citizens to serve as Assistant Harbormasters in the City of Beverly for the year 1995: William McGrath Robert Driscoll William Dawson Jr. Glenn L. Sihpol Charles Standle,/ Douglas Currier Clint M. Larrabee James J. Toomey Attached is a communication from Harbormaster Christopher Deeley concerning these appointments. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #154 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the following Assistant Harbormasters as Special Police Officers for the year 1995: William McGrath Charles Standley Robert Driscoll Douglas Currier William Dawson Jr. Clint M. Larrabee Glenn L. Sihpol James J. Toomey Attached are communications from Harbormaster Christopher Deeley and Police Chief John Finnegan recommending these appointments. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION 64 COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: #155 March 23, 1995 The Honorable City Council City Hall, 191 Cabot Street Re: PROPOSED ZONING AMENDMENTS REGARDING DEFINITIONS OF "HOME OCCUPATION" AND "LOT" Dear Members of the Council: At the Planning Board's regular meeting held on Tuesday, March 21, 1995, members of the Planning Board discussed two proposed zoning amendments submitted to the Board for consideration by City Solicitor Marshall Handly. The two amendments propose to redefine the terms "home occupation" and "lot" as they are used in the Zoning Ordinance (see attached text). After due consideration the Planning Board voted unanimously to submit these proposed amendments to the City Council for consideration; the Board also voted unanimously to recommend to the City Council that a Joint Public Hearing be scheduled between the Council and Planning Board for public consideration of these amendments. Respectfully, James A. Manzi, Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #156 Beverly City Council City of Beverly Re: Holyoke Mutual Insurance Company vs. City of Beverly Date of loss - 1/12/95 Amount - $838.99 Ladies and Gentlemen: I hereby submit for your consideration a claim letter from Holyoke Mutual Insurance Company and the Beverly Police Report relative to an incident that occurred on January 12, 1995. Very truly yours, Marshall J. Handly, City Solicitor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #157 City Council City of Beverly Re: Metropolitan Property and Casualty Insurance company (Kerry Bouley) vs. City of Beverly Gentlemen and Ladies: I enclose herewith a proposed Release of All Claims in the above-captioned matter in the amount of ~2,500.00. This is a subrogation/insurance claim against the City for damages to their insured's parked vehicle on March 3, 1994 in the amount of $3,486.66, Please forward to the appropriate committee for action. Very truly yours, Marshall J. Handly, City Solicitor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #158 54 65 City Council Members Beverly, Massachusetts Honorable Members of City Council: As appointees to Beverly's "Commission for the Physically and Mentally Handicapped" we request that you effect a change in the name of this Commission. We urge that the Commission's name become the Beverly "Commission on Disabilities". Very truly yours, Elise R. Bernstein and Kevin Gallant, Members of Commission REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #159 City Council Members Beverly, Massachusetts Honorable Members of City Council: As members of Beverly's "Commission for the Physically and Mentally Handicapped", we request that some arrangement be made to provide the Commission with clerical support. We feel responsible to provide appropriate documentation and communication regarding the Commission's activities, and require some limited clerical assistance to do so. To our knowledge, we have neither funding nor personnel at our disposal. In this initial phase of our activity, we are meeting on the second and fourth Thursdays of each month at 7:30 p.m. Thank you for your consideration. Very truly yours, Elise Bernstein and Kevin Gallant, Members of Commission REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #160 City Council Members Beverly, Massachusetts Honorable Members of the City Council: In our first meeting of 1995, the Beverly "Commission on the Physically and Mentally Handicapped" voted that its priority concern was accessibility to our City Hall. Traditionally, meetings of this commission have been held in a nearby Church as City Hall was inaccessible to a then-member of the Commission as well as to other attendees. Although the ramp has improved accessibility, the front doors violate regulations defining accessibility. We urge modification of the doors to allow all residents access to City Hall. Internally, the current elevator often is malfunctioning or otherwise inadequate to transport the disabled to the Chambers where Beverly Councils and Committees conduct their official business. Access to all of such critical activity should be provided to the disabled. Thank you for your consideration. Very truly yours, Elise Bernstein and Kevin Gallant, Members of the Commission. REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #161 Beverly City Council City Hall Ladies and Gentlemen of the Council: The Economic and Community Development Council respectfully requests permission to discuss issues relating to economic development with members of the City Council at tonight's regularly scheduled Council meeting. 65 66 Sincerely, Sandra Reinecke, Chair REFERRED TO COMMITTEE OF THE WHOLE COMMUNICATIONS, APPLICATIONS AND PETITIONS If 162 A Communication from Alexander, Femino end Lauranzano re agreement between City of Beverly and Gourdeau Construction for sewer use. REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS If163 A communication from Paula M. Piraino re conditions at Roller Palace REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS If164 A communication from Pamela Wall re dog incident REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #165 Request from Ardiff and Morse for easement on Dodge Street property of Carnevale Family Trust REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS If166 License application - increase of fuel storage - Jubilee Yacht Club. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #167 License application - 2nd CMVDL for Northeast Autocab, 2 Highland Avenue REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS If168 Claim - Mrs. Charden, 7 Beverly Hills Avenue. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID If 169 Request for lease amendment - Montserrat College of Art REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS If170 Request from Raymond A. Battistelli to adopt resolution in support of Good Friday Walk Councilor Coughlin moves for passage this evening, seconded by Councilor Murray. Matter passes 8-0. REPORTS FROM COMMITTEES: //119 The Committee on Finance and Property to whom was referred the matter of Transfer to account "Assessors' Salaries ($4673.82) has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Four Thousand Six Hundred Seventy-Three Dollars and Eighty-Two Cents ($4673,82) be, and the same is hereby transferred from account "Reserve for Unforseen Expenditures: to account "Assessor Salaries", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expanded under the direction of the Chief Assessor. Order read once and adopted, passed to a second reading under charter provisions. //120 The Committee on Finance and Property to whom was referred the matter of Transfer to account "Harbormaster - Out of State Travel" has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption, 66 67 ORDERED: That the sum of Four Hundred Fifty-Three Dollars and Forty-Five Cents ($453.45) be, and the same is hereby transferred from account "Harbormaster - Boat and Equipment" to account "Harbormaster - Out of State Travel, in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Beverly Harbormaster. Order read once and adopted, passed to 8 second reading under charter provisions. - #121 The Committee on Finance and Property to whom was referred the matter of Transfer to account Municipal Garage Repair Equipment {$20,000.00) has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Twenty-Thousand Dollars ($20,000) be, and the same is hereby transferred from account "Snow and Ice - Calcium Chloride" to account "Municipal Garage - Equipment Repair", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Commissioner of Public Works. Order read once and adopted, passed to a second reading under charter provisions, #122 The Committee on Finance and Property to whom was referred the matter of Communication from Mayor re airport finances has considered said matter and begs leave to report as follows, to wit: Receive and Place on File Order read once and adopted. , #123 The Committee on Finance and Property to whom was referred the matter of appropriation to account "Street Lighting" ($838.00) has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Eight Hundred Thirty-Eight Dollars ($838.00) be, and the same is hereby appropriated to account "Street Lighting" for lighting of Leather Lane, Oak Hill Estates and Cavendish Square, in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the City Electrician. Order read once, discussion re acceptance by Planning Board of streets in Cavendish Square and impact of approving lighting. Order amended to read: "subject to approval of Planning Board or admission that approval of street lighting would have no impact on final acceptance of streets for Cavendish Square only." Amended order read once and adopted, passed to a second reading under charter provisions. #129 The Committee on Finance and Property to whom was referred the matter of Authorization for expenditure of Lynch Park funds ($25,000) has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council authorize the expenditure of Twenty-Five Thousand Dollars ($25,000) from the David S. Lynch Public Parks Fund for the replacement of fencing, brick and stonework at Lynch Park, as recommended by His Honor the Mayor and the Lynch Fund Trustees Order read once and adopted. #147 67 68 The Committee on Finance and Property to whom was referred the matter of Nardella order re non-profit organizations has considered said matter and begs leave to report as follows, to wit: Recommend adoption of the order. Order read once and adopted. #171 (#262 of 1994) The Committee on Finance and Property to whom was referred the matter of Request to purchase city property - Elizabeth Ewing has considered said matter and begs leave to report as follows, to wit: Receive and Place on File. Order read once and adopted. #81 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - James Shaffacval - surcharge at Beverly Golf and Tennis Club have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Referred to City Solicitor Order read once and adopted. #93 The Committee on Legal Affairs and Accounts to whom was referred the matter of School bus parking on Essex Street at YMCA have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #96 The Committee on Legal Affairs and Accounts to whom was referred the matter of One-Way traffic on Putnam Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinances and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to One-Way streets Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 94 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "(d) (4) PUTNAM STREET ONE WAY FROM OAKMONT ROAD TO WALNUT AVENUE, 7:30 AM - 8:30 AM AND 1:30 PM - 2:30 PM FROM SEPTEMBER TO JUNE, TRAFFIC TO PROCEED NORTHWESTERLY. This ordinance to take effect upon passage. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to Parking prohibited on certain streets during certain hours Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 122 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by deleting therefrom the following: 68 69 "(q) No person shall park a vehicle on school days between the hours of 1:30 p.m. and 3:30 p.m. on the westerly side of Putnam Street between Walnut and Oakmont Road." This ordinance to take effect upon passage. Ordinances read once and adopted. //97 The Committee on Legal Affairs and Accounts to whom was referred the matter of Department of Army permit for Bradenton Limited Partnership have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #97A The Committee on Legal Affairs and Accounts to whom was referred the matter of Request for Conservation Restriction - Bradenton Limited Partnership 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 grant a declaration of conservation restriction to Bradenton Limited Partnership for a portion of the Planters subdivision and that His Honor the Mayor be authorized to sign the attached conservation restriction. Order read once and adopted. #124 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Barbara M. Lemiesz have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to City Solicitor) Order read once and adopted. //125 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Barbara M. Chesley have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to City Solicitor) Order read once and adopted. //126 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Janet Richard have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to City Solicitor) Order read once and adopted. //127 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Keri Picard have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to City Solicitor) Order read once and adopted. //128 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement - Charland, 10 Pleasant Street have considered said matter and beg leave to report as follows, to wit: 69 70 Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached mortgage subordination agreement for Charland property at 10 Pleasant Street, in accordance with the recommendation of the Planning Director. Order read once and adopted. #134 The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorization for Mayor to sign ASOS agreement - Airport have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached U. S. Department of Commerce License for the installation of an Automated Surface Observing System at the Municipal Airport, in accordance with the recommendation of the Airport Commissioners. Order read once and adopted. #172 (//94 of 1994) The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - parking on Cabot Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Orderread once and adopted. #173 (//453 of 1994) The Committee on Legal Affairs and Accounts to whom was referred the matter of West Beach Research - John Quigley 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 request the Clerk of the West Beach Corporation to provide an accurate list of the members, as specified in Chapter 157, Section 10 of the legislation entitled "An Act to Incorporate West Beach Corporation." Order read, discussion followed with call for roll call vote. YEA: Gilmore, Golin, McGlynn and Troubetaris NAY: Coughlin, Mahan, Murray and Nardella Order fails for lack of majority vote. //174 (#93 of 1994) The Committee on Public Service and Aid to whom was referred the matter of CPW review past practices re water and sewer abatements 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 accept the conditions set forth by the City Solicitor in the enclosed communications relative to water/sewer abatements Order read - discussion followed. Motion made and seconded to return to Committee for further clarification. Motion carried. //101 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Bartlett and Stone Streets have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted. Order read once and adopted. ?0 #136 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Hale and Lothrop Streets have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Public Hearing be held on Tuesday, April 18, 1995 at 7:50 p.m. in the Council Chambers, third floor, City Hall relative to the petition of NYNEX for conduit at Hale and Lothrop Streets. Order read once and adopted. #137 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Ober Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Public Hearing be held on Tuesday, April 18, 1995 at 7:50 p.m. in the Council Chambers, third floor, City Hall relative to the petition of NYNEX for conduit at Ober Street. Order read once and adopted. #138 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Hale Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Public Hearing be held on Tuesday, April 18, 1995 at 7:50 p.m. in the Council Chambers, third floor, City Hail relative to the petition of NYNEX for conduit at Hale Street, Order read once and adopted, #139 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Ober Street and Lanthorn Lane have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Public Hearing be held on Tuesday, April 18, 1995 at 7:50 p.m. in the Council Chambers, third floor, City Hall relative to the petition of NYNEX for conduit at Ober Street and Lanthorn Lane, Order read once and adopted. #140 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at East Corning Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Public Hearing be held on Tuesday, April 18, 1995 at 7:50 p.m. in the Council Chambers, third floor, City Hall relative to the petition of NYNEX for conduit at East Corning Street Order read once and adopted. UNFINISHED BUSINESS #109 Mayor's request for transfer to account "Police Overtime" ($45,000) was adopted on March 20, 1995 and passed to a second reading for final passage by roll call vote. 72 YEA: Coughlin, Gilmore, Golin, McGlynn, Murray, Troubetaris and Nardella NAY: Mahan MOTIONS AND ORDERS //175 By Councilor Rollins ORDERED: That the Commissioner of Public Works provide a cost estimate and evaluation for installing sewers in all sections of the City in which sewers are not currently available. REFER TO THE COMMITTEE ON PUBLIC SERVICE AND AID Motion to adjourn: 9:45 P.M. Constance E. Perton City Clerk 72