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1995-05-0185 7:58 P.M. A Public Hearing relative to the removal of two (2) live trees at 292 Essex Street Remanded to the Committee on Public Service and Aid REGULAR MEETING OFTHEBEVERLY CITY COUNCIL-MONDAY, MAY 1,1995 ROLL CALL: PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella ABSENT: None PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Golin ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: CONFIRMATIONS: Motion made and seconded to accept minutes of April 18, 1995 meeting - Motion passes. # 198 The appointment of Amy Cyr as Dog Officer/Animal Control Officer was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: #199 May 1, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Three Hundred Dollars ($300) to account "Out of State Travel" from account Fire Department - Training." Said sum of money to be expended under the direction of the Fire Chief. Attached is a communication from Kenneth Pelonzi concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #200 Honorable City Council City Hall Dear Honorable Council: Further to our discussions regarding street sweeping, the 1985 FMC sweeper has now been fully dismantled and the extent of repairs is known. It is possible to obtain a new motor which will come with a full one-year guarantee. As noted in the attached letter from Commissioner Zambouras the machine has less than 3,000 operating hours. I, therefore, respectfully request your approval of a transfer of Twelve Thousand Dollars ($12,000) from account "Ambulance" to account "DPW - Repair Parts." Said sum of money to be expended under the direction of the Commissioner of Public Works, Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #201 Honorable City Council City Hall 85 86 Dear Honorable Council; I am in receipt of a request for your approval of three additional school buses. Funding for said buses would come from outside the Education Reform Act. Currently the school administration is proposing the inclusion of these funds in their transportation budget for next fiscal year. An alternative would be direct financing by the City. I believe you will want to avail yourselves of the City Finance Director's input on ways you might proceed. I submit their request for your consideration and possible action. Very truly yours, William F, ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #202 Honorable City Council City Hall Dear Honorable Council: hereby appoint, subject to your confirmation, the following to serve as members of the Design Review Board: Mr. Raymond Maguire Greenwood Avenue Beverly, MA 01915 Term to be effective until December 1, 1996 Ms. Debra Hurlburr Assistant Planner as the City Planner Designee I hereby reappoint, subject to your confirmation the following to serve as a member of the Design Review Board: Mrs. Jennifer Palardy 87 Hull Street Bevedy, MA 01915 Term to be effective until December 1, 1997. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: #57 April 19, 1995 The Honorable City Council City Hall, 191 Cabot Street Re: CITY COUNCIL ORDER #57 - INCREASE IN MINIMUM LOT SIZE REQUIRED FOR AGRICULTURAL, HORTICULTURAL AND FLORiCULTURAL USES IN RESIDENTIAL ZONING DISTRICTS Dear Members of the Council: At the Planning Board's regular meeting held on Tuesday, April 18, 1995, members of the Board discussed City Council Order #57, which proposes to increase the minimum lot size requirement for agricultural, horticultural, and floricultural uses in all residential zoning districts from the current minimum lot size of 5,000 square feet to five (5) acres. Members of the Board discussed several issues surrounding this proposal. The primary concern for some members was that this proposal would unfairly prohibit property owners from selling crops which has been an historic component of this City. In addition, debate ensued regarding the hardship that may result from this amendment, particularly to 86 87 the small property owner. Other members, however, were concerned that the current Ordinance leaves room for abuse and that it would not be unreasonable to regulate this use. The Board resolved the issue by suggesting that Council Order #57 be adopted, but that a provision be added that would allow an applicant to seek a special permit from the Board of Appeals for lots containing one (1) to five (5) acres. Lots with less than one (1) acre would be ineligible to receive e special permit. On lots of more than five acres, agricultural, horticultural and fioricultural uses would be allowed by right. After further discussion, the Planning Board voted unanimously to make this recommendation to the City Council with the aforementioned amendment. Attached is a summary of amendments that would be made to the Zoning Ordinance if the Planning Board's recommendation is adopted. Thank you for your consideration of this recommendation. If you have any questions or if you need additional information, please do not hesitate to contact me or City Planner Tina Cassidy. Respectfully, James A. Manzi, Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #203 April 13, 1995 City Council City of Beverly Re: Contract between the City of Beverly/Fire Department and Air Cleaning Specialists, Inc. Dear Ladies and Gentlemen: I enclose the contract between the City of Beverly and Air Cleaning Specialists, Inc., in triplicate, which is self- explanatory. Please authorize the Mayor to sign the same on behalf of the City of Beverly. Very truly yours, Marshall J. Handly, City Solicitor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS (Councilor Rollins requests permission for late file - permission granted) #208 City Council City of Bevedy Dear Honorable Council, The Beverly Fire Department has recently trained eighteen firefighters to Emergency Medical Technician level. In the near future we will be training all line firefighters on the use of automatic defibrillators used, with great success, when responding to heart attack incidents. To that end, I respectfully request permission to establish an account in order to receive contributions from a planned fund raiser, toward the purchase of automatic defibrillators for the Beverly Fire Department. Your immediate attention to this request is greatly appreciated. Very truly yours, Kenneth C. Pelonzi, Chief REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY 87 88 COMMUNICATIONS. APPLICATIONS AND PETITIONS #204 A Financial Statement from Continental Cablevision. RECEIVED AND PLACED ON FILE #205 A NYNEX petition for conduit at Bayview Avenue REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID //206 A Claim for Corrine Knudson by Commerce Insurance REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //207 Claim - Bob and Cheryl Clocher, 11 1/2 Pratt Avenue REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS REPORTS FROM COMMITTEES: #177 The Committee on Finance and Property to whom was referred the matter of Transfer to account "Mailing Machine and Postage ($10,000.00) 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 Ten Thousand Dollars ($10,000.00) be, and the same is hereby transferred from account "Reserve for Unforseen Expenditures: to account Mailing Machine and Postage, in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the City Clerk, Order read once and adopted, passed to a second reading under charter provisions. #88 The Committee on Finance and Property to whom was referred the matter of Golin order re Norwood Pond Gate have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Councilor Golin indicates that RPF is contingent upon placing boulders to block access to area. Commissioner Zambouras reports that Fire Chief will not allow boulders to be placed at entrance. Golin offers following amendment: ORDERED: That the City Council authorize the installation of a permanent, vandal proof gate at the fire entrance to Norwood Pond, off Dodge Street. Amendment seconded, read once and adopted. #176 The Committee on Finance and Property to whom was referred the matter of Transfer to account "Building Commissioner - Personnel Services" ($2,880.00) 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 Two Thousand Eight Hundred Eighty Dollars ($2,880.00) be, and the same is hereby transferred from account "Reserve for Unforeseen Expenditures" to account "Building Commissioner - Personnel Services", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Building Commissioner. Order read once and adopted, passed to a second reading under charter provisions. 88 89 #157 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Kim Bouley have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: pursuant to Chapter Two, Section 91 of the Revised Ordinances of the City of Beverly, the City Council hereby ratifies the payment of Two Thousand Five Hundred Dollars ($2500) in full settlement of claim by Metropolitan Property and Casualty Insurance Company representing Kerry Bouley. The claim has been reviewed and negotiated by the City Solicitor and a release of all claims is hereto attache Order read once and adopted. #180 The Committee on Legal Affairs and Accounts to whom was referred the matter of Grant application - Beverly Golf and Tennis Club have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Community Development Office be, and the same is hereby authorized to submit a grant application on behalf of the Beverly Golf and Tennis Club to the Massachusetts Historical Commission for the Massachusetts Preservation Projects Fund. Order read once and adopted. #181 The Committee on Legal Affairs and Accounts to whom was referred the matter of Grant application - Urban Park and Recovery Program have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Community Development office be, and the same is hereby authorized to submit a grant application for the National Park Service, Urban Park and Recovery Program for improvements to Goldway Park. Order read once and adopted. //182 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Junk or unregistered vehicles, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance 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 junk or unregistered vehicles. Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 241 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by deleting therefrom, in its entirety, Section (a), and inserting in place thereof as new section (a) as follows: "(a) No person shall park, store, keep, leave or allow to be parked, stored, kept or left, any unregistered motor vehicle (s) or registered vehicles not displaying the proper license plates (s) or any registered motor vehicle(s) without a valid windshield inspection sticker as required by M.G.L., chapter 90, section 7A, or any disassembled parts thereof, on any land within the city for a period in excess of thirty (30) days, For the purpose of this ordinance, motor vehicles must (1) be properly registered, and (2) display the proper license plate(s) and (3) must display a valid windshield inspection sticker." THIS WILL CHANGE SECTION (a) ONLY AND LEAVE THE REST OF THIS ORDINANCE INTACT. 89 90 This ordinance to take effect upon passage. Ordinance read once and adopted. #183 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - STOP sign at Thoreau Circle have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance 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 Obedience to isolated STOP signs Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Thoreau Circle, southeastbound driver on Thoreau Circle at Essex Street, both ends." This ordinance to take effect upon passage. Ordinance read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - STOP signs - Aricia Lane have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance 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 Obedience to isolated STOP signs Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Aricia Lane, northeastbound and southwestbound drivers on Aricia Lane at Middlebury Lane, both ends." This ordinance to take effect upon passage. Ordinance read and adopted. #185 The Committee on Legal Affairs and Accounts to whom was referred the matter of application - Gibbs Oil for petroleum storage license 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 Monday, May 15, 1995 at 7:55 p.m. in the Council Chamber, third floor, City hall relative to the application for a transfer of petroleum storage at 295 Cabot Street. Transfer from Circle K to Gibbs Oil Co. Order read once and adopted. 90 91 #186 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Monticello Insurance for Thomas Kenney have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #189 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - American International Recovery for Edwards Family have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #193 The Committee on Legal Affairs and Accounts to whom was referred the matter of Waterways license application Thomas Cargill, III have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #195 The Committee on Legal Affairs and Accounts to whom was referred the matter of zoning amendment for preservation of designated historical structures have considered said matter and beg leave to report as follows, to wit: Refer to the Planning Board for its recommendation Order read once and adopted. //56 The Committee on Public Service and Aid to whom was referred the matter of Murray order for reimbursement to St. Margarets for water line replacement have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted, The Committee on Public Service and Aid to whom was referred the matter of Troubetaris order for curbing on Melvin Avenue have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted - 7-2 (Murray and Troubetaris opposed) #168 The Committee on Public Service and Aid to whom was referred the matter of claim - Mrs. Charden, 7 Beverly Hills Avenue have considered said matter and beg leave to report as follows, to wit: Refer to the Committee on Legal Affairs and Accounts Order read once and adopted. #175 The Committee on Public Service and Aid to whom was referred the matter of Rollins order for cost estimate for sewers in city have considered said matter and beg leave to report as follows, to wit: 91 92 Receive and Place on File Order read once and adol~ted. #179 The Committee of the Whole to whom was referred the matter of acceptance of Open Space and Recreation Plan 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 attached Open Space and Recreation Plan, as submitted by the Office of Community Development. Order read once and adopted. UNFINISHED BUSINESS The following transfers were passed to a second reading on April 18, 1995 and approved by the Council in a roll call vote 9-0. #149 Mayor's request for transfer to account "City Clerk - Salaries" ($1,140.00) #150 Mayor's request for transfer to account "Fire Department - General Emergency" ($15,000.00) #151 Mayor's request for transfer to account "Fire Department - General Emergency" ($10,000.00) The following transfer was passed to a second reading on April 24, 1995 and approved by the Council in a roll call vote #196 Mayor's request for transfer to account "DPW - Street Sweeping Contract" ($20,000.00) YEA: Coughlin, Gilmore, Golin, McGlynn, Murray, Rollins, Nardella NAY: Mahan, Troubetaris MOTIONS AND ORDERS #209 By Councilor Coughlin ORDERED: That the Commissioner of Public Works make a study and recommendation relative to the removal to a live tree at 60akhurst Road. REFER TO THE COMMITTEE ON PUBLIC SERVICE AND AID #210 By Councilor Coughlin ORDERED: That the Mayor present to the City Council within five months a restructuring of the Public Works Department to provide for more effective use of personnel and equipment. REFER TO THE COMMITTEE OF THE WHOLE #211 By Councilor Murray ORDERED: That the Commissioner of Public Works be and the same is hereby requested to make a study and recommendation relative to the removal of a live tree at 28 Hart Street. Tree is located on city property at the curb, it has dead limbs and the trunk is ant infested and in a severe state of decay. Contact person: Peggy Powers, 922-6074, ORDERED: That the Commissioner of Public Works be and the same is hereby requested to make a study and recommendation relative to the removal of a live tree at 438 Essex Street. This tree has overgrown its rot system, it a perched atop a granite ledge and poses a threat to the electrical wires and anyone walking along Essex Street. It is a safety concern for the school crossing guard Victor Modugno, 922-5532 assigned to this location. Contact person: Irene Grotto, 922-1204 REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID Motion to adjourn: 10:10 P.M. Attest: Constance E. Perron City Clerk 92