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1995-05-157:00 P.M. A Public Hearing relative to Zoning amendment for definitions of "lot" and "home occupation" - Joint with Planning Board Recessed until June 5, 1995 at 7:00 p.m. 7:55 P.M. Public Hearing re transfer of Petroleum Cabot Street - Gibbs Oil Storage License at 295 REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, MAY 15, 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 Coughlin ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of April 24, May I and May 15, 1995 meetings CONFIRMATIONS: #202 The appointments of Raymond Maquire, Debra Hudburt and Jennifer Palardy to the Design Review Board were unanimously confirmed APPOINTMENT OF PART TIME ASSESSOR - MEMBER OF THE BOARD #235 The name of Robert Marshall was placed in nomination by Councilor Coughlin, seconded by John Murray. Discussion ensued, with the Committee on Finance and Property explaining the process that was followed, interviewing five people selected by the Chief Assessor and the rationale for choosing the nominated candidate. The name of Steve Gasperoni was placed in nomination by Councilor Rollins and seconded by Councilor Gilmore. Councilor Gilmore raised some questions re ordinances and funding. Matter postponed until June 5, 1995. COMMUNICATIONS FROM HIS HONOR THE MAYOR: //216 Honorable City Council City Hall Dear Honorable Council: Chief Finnegan has developed a favorable budget variance in his "Computer Maintenance Account" of Nine Thousand Dollars ($9,000) which he would like to use to purchase ten portable radios and relevant accessories. These radios would replace existing old and difficult to repair units, I hereby request a transfer of Nine Thousand Dollars ($9,000) to account "Officers Equipment" from account "Computer Maintenance." Said sum of money to be expended under the direction of the Police Chief. Attached is a communication from John Finnegan concerning this request. Very truly yours, ~William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #217 Honorable City Council City Hall Dear Honorable Council: 95 John Buckley, a School Department employee was operated on in 1988 for a single indural hernia repair. His is a long story and he has never been back to work. He currently receives 9236.18 per week (or 912,281.36 annually) as Worker's Compensation. As pr the attached, a settlement has been negotiated whereby for a one-time 918,000 payment, Mr. Buckley will go off Worker's Compensation permanently. This amount is well below the actuarial estimate of our obligation to Mr. Buckley is we continue to pay weekly. l, therefore, urge your immediate approval of the settlement as offered by Mr. Buckley's attorney. It is our obligation to pay him each week until the lump sum is paid. I urge you to take all necessary actions to approve this settlement this evening. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #218 Honorable City Council City Hall Dear Honorable Council: It is my pleasure to advise you that the City of Beverly will be able to hold sewer rates with no increase for the upcoming fiscal year 1995-96. This good news is in no small way attributable to the favorable action by the Commonwealth of Massachusetts, and I believe we owe thanks to both Senator Berry for sponsoring rate relief and Governor Weld for signing it into law. A battle remains to be fought at the Federal level as we move closer to a vote on the Clean Water Act and the situation is far from clear regarding the future. But at least as far as 1995-96 is concerned, I am very happy to advise you that rates will not change. On another front, I intend to deliver you a 1995-96 budget document by the date of your next regularly scheduled~ Council meeting. I have set up meetings with several of you to discuss matters which may be of special interest to you and will gladly meet at a convenient time with any others of you who so wish to do so. Very truly yours, William F. ScanIon, Jr., Mayor RECEIVED AND PLACED ON FILE #233 Beverly City Council City Hall Ladies and Gentlemen of the Council: Enclosed herewith is an Order seeking authorization to submit a grant application to the Executive Office of Environmental Affairs (EOEA) Urban Self-Help Program for the acquisition of land adjacent to the existing public pier. As you know, the City recently finalized an update to our Open Space and Recreation Plan. Prior to the completion of this Plan, the City was unable to apply for grant funds through the Executive Office of Environmental Affairs. In light of the fact that the City's Open Space and Recreation Plan received final approval at the last Council meeting, representatives from the Community Development Office and the Beverly Harbor Management Authority have been working on a grant application to EOEA for the purpose of acquiring the former McDonald's property, which directly abuts existing City property. The acquisition of this parcel would allow the City to better serve the needs of recreational boaters and commercial fisherman, while also providing additional parking and public access to the' waterfront. A maximum of 9500,000 is available through the Urban self-Help Program, It is anticipated that the required local funding match, as well as any additional costs related to the purchase of the parcel, could be derived from the rental of the boat slips and restaurant facility presently existing on the property proposed for acquisition. The deadline for the receipt of the grant application is june I, 1995. With this in mind, tonight I am seeking authorization from you to submit the aforementioned grant application, as proposed in the attached Order, to the Executive Office of Environmental Affairs. 96 97 Thank you for your consideration of this matter. Sincerely, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: #219 The City Council Beverly city Hall Re: Handicap Parking Law Violation Enforcement Proposal Dear Honorable Councilors: On behalf of the Beverly Commission on Disabilities, I would like to propose that members of the Beverly Commission on Disabilities be authorized, in some fashion, to help police Handicap parking (HP) violations in Beverly. The Police cannot always be present to catch everyone who violates Handicapped Parking Laws. As a disabled citizen who possesses a Handicap Placard for his car, I have probably encountered close to 100 occasions in the last two years, where people have violated this law and gotten away unticketed, and who have prevented me from parking in a space intended for the Handicapped or disabled. On numerous occasions, I have attempted to get the police to come and ticket the cars which I have found in violation. The usual response I receive is, "1'11 try to send a car, once someone is freed up." I've waited around and have yet to see a police car arrive in time to catch the violator before he or she gets away.This is not to say that the Police are unresponsive, because I know that they try to be when they are not involved with other more pressing or urgent matters. The point is that more can be done to monitor this problem and the soon to be seven of us on the Commission could make a real difference in the policing of this presently under- policed issue, if we were authorized to or assist the Police in the HP violation ticketing efforts. Many other municipalities, such as the City of Peabody and the town of Danvers, in conjunction with their Commissions on Disabilities and Police Departments have developed a "picture-taking" program by which their Commission members take pictures of violators' cars in "HP" spaces with Polaroid cameras which were donated by the Polaroid Corporation. The Commissioners then complete an affidavit and give the pictures and affidavits to the Police/Parking Clerk who investigate each incident and ticket deserving offenders. This method avoids confrontations between offenders and non-police Commission personnel. I've attached information on this subject from a December 1994 Beverly Times article, for your information, which Commission Co-Chair Elise Bernstein had clipped out Our Commission maintains that Beverly needs to become more aggressive and proactive in this area of law enforcement. Commission members would be happy to work with representation of City Council, the Police Department, and Connie Linscott, the Parking Clerk, on the development of this program. We respectfully request your assistance and support in effecting this proposal. Please advise us of your intentions. Sincerely, Stephen C. Reynolds, Co-Chairman Commission on Disabilities REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #220 The City Council Beverly City Hall Re: Establishing an Operating Budget for the Beverly Commission on Disabilities Dear Honorable Councilors: On behalf of the Beverly Commission on Disabilities, I would like to request that you work to appropriate an operating budget for the work of our Commission, so that we may more easily carry out our objectives as set forth by City Ordinances, Division 5, Sections 2-366 to 2-368, and our newly-created Commission By-laws which we are about to adopt. , I understand that several years ago when the Commission was newly established, a budget of $1500 a year was 97 98 appropriated. We respectfully request that a budget of $2500 be granted to us because of the revitalization of the Commission's goals and objectives and the new energy which has been brought about by the composition of the present team of Commission members. Perhaps revenue generated by Handicap Parking violation fines could fund a budget for the Commission on Disabilities. In speaking briefly with Connie Perron on this subject, she indicated that revenue cannot typically be "ear-marked" for a specific purpose. Yet, there are some exceptions to the rule, such as with Recreation Department. I would like to think that funding a budget for the work of the Commission on Disabilities would also be considered an appropriate "exception:, especially since no funds have been allocated to the Commission for some time now. Sincerely, Stephen C. Reynolds, Co-Chairman Commission on Disabilities REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #221 The City Council Beverly City Hall Re: Remaining Issues of Inaccessibility at Bevedy's City Hall Dear Honorable Councilors: Again, on behalf of the Beverly Commission on Disabilities, I would like to let the Council know how very pleased we are that, at the very least, the entrance to the first floor of City hall is now properly accessible for the disabled, with the advent of the electric door opener. Thank you for your support and commitment to the issues of the disabled.! This was the first significant "first step" forward towards achieving appropriate access at City Hall since the installation of the wheelchair ramp out in front of the building. However, we have more ground to cover before we can all feel good about the City's efforts on access compliance. As you well know, the Mayor's office and the public meeting rooms, especially the "Aldermanic Chamber", which are on the third floor, and the City departments located on second floor, all remain inaccessible due to the "elevator problem". Federal (ADA) and Massachusetts General Laws are quite clear on the fact that it is unlawful to hold public meetings, such as those of the City Council, in locations which are inaccessible to the disabled. In addition, the public/employee bathrooms on the 2nd floor do not comply with the ADA code requirements (size of toilet stalls, height of toilets, handrails, sinks, etc.) and they are not accessible because of the elevator. We certainly hope that you will soon take the action necessary towards helping to mitigate the potential liability which the City of Beverly has due to this existence of these unlawful situations of inaccessibility for the disabled. The potential fines and lawsuits which could be lodged against our City due to these problems, could have a devastating financial effect, if these situations are not corrected. I was encouraging to hear from Peter Searoans last night of the possible availability of some Federal grant money for improving access in public buildings. We would like to think that Beverly, with your help, could resolve the grievous, remaining access problems, which exist at City Hall. Part of our Commission's responsibilities, is to assist the City council and other City entities in resolving such issues. Please feel free to contact Commission Co-Chair, Elise Bernstein, or me to discuss how we may help you. We want very much to help the City of Beverly to be a good "model" in these regards, and to avoid costly fines, lawsuits and negative publicity. Sincerely, Stephen C. Reynolds, Co-Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #222 City Council City of Beverly Dear Council Members: I hereby recommend the following for a Drain Layers License: Ramey Contractors-Engineers, Inc. 33 Oak Knoll Road Methuen, MA 01844 Very truly yours, George J. Zambouras, P. E. 98 99 REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #223 Honorable City Council City Hall Dear Council, RE: STOP signs - Livingstone Avenue We have been asked by some residents to look into placing STOP signs on Livingstone Avenue at Harris Street, both sides of Harris Street. We have investigated this location, conducted a thirty (3)0 day study, and found it does meet the warrants for a STOP sign on both sides of Harris Street. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinance of the City of Beverly, we request the following stop signs: ADD: Livingstone Avenue, southbound and northbound drivers on Livingstone Avenue at Harris Street, both sides. Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //224 Honorable City Council City Hall Dear Council, Re: Revise Parking Ordinance, Hale Street Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 120 as follows: Delete: Chapter 14, Section 120 ~ Hale Street, easterly side, from Neptune Street to Pickman Road Chapter 14, Section 120 - Hale Street, easterly side, from #245 Hale Street to Chapman's Corner Add: Hale Street, easterly side, from Neptune Street to front of//245 Hale Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS //225 Communication from Ryal Side Civic Association re donation of computer to Ayers Ryal Side School RECEIVED AND PLACED ON FILE //226 Communication from Kiwanis Club re one day liquor license at Senior Center on May 20, 1995. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //227 Communication from Commonwealth of Mass re low-level radioactive waster management RECEIVED AND PLACED ON FILE //228 Invitation to march in Beverly Farms - Prides Crossing 4th of July Parade RECEIVED AND PLACED ON FILE //229 Request for removal of live tree - Lawnbank Road - Samuel L. Margolis 99 100 REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID //230 Request for removal of two large oak trees at 32 Lakeshore Avenue - George R. Spears REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID //231 Request for sewer abatement - Rev, Paul Woodbury, 59 Essex Street REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID //232 Claim - Lexine Hoag represented by David B. Feldman, PC REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS REPORTS FROM COMMITTEES: #42 The Committee on Finance and Property to whom was referred the matter of Gilmore order for study of Health Insurance has considered said matter and begs leave to report as follows, to wit: Receive and Place on file Order read once and adopted. #56 The Committee on Finance and Property to whom was referred the matter of Murray order re reimbursement to St. Margaret's for water line replacement has considered said matter and begs leave to report as follows, to wit: Receive and Place on File Order read once and adopted. //197 The Committee on Finance and Property to whom was referred the matter of request for first reading on Street Sweeper contract has considered said matter and begs leave to report as follows, to wit: Receive and Place on File Order read once and adopted. //199 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Fire Department - Out of State Travel" ($300.00) has considered said matter and begs leave to report as follows, to Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Three Hundred Dollars (*300.00) be, and the same is hereby transferred from account "Fire Department - Training" to account "out of State Travel", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expanded under the direction of the Fire Chief. Order read once and adopted, passed to a second reading and laid over under charter provisions. //200 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "DPW - Repair Parts" (,12,000,00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption, 100 101 ORDERED: That the sum of Twelve Thousand Dollars ($12,000.00) be, and the same is hereby transferred from account "Ambulance" to account "DPW - Repair Parts", 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 and laid over under charter provisions. #208 The Committee on Finance and Property to whom was referred the matter of Fire Department communication re special account for purchase of defibrillators has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption, ORDERED: That the Fire Department be, and the same is hereby authorized to establish a special account to deposit sums donated for the purchase of defibriHators, Order read once and adopted. #168 The Committee on Legal Affairs and Accounts 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: Receive and Place on File (Refer to the City Solicitor) Order read once and adopted. #206 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Corinne Knudson by Commerce Insurance have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to the City Solicitor) Order read once and adopted. #207 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Robert and Cheryl Clocher have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to the City Solicitor) Order read once and adopted. #233 The Committee on Legal Affairs and Accounts to whom was referred the matter of Grant application - Executive office of Environmental Affairs for purchase of McDonald property have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. (2-1 Gilmore opposed) ORDERED: That Mayor William F. ScanIon is authorized to submit a grant application to the Commonwealth of Massachusetts, Executive Office of Environmental Affairs, Division of Conservation Services for the proposed acquisition of land adjacent to the existing public pier, for the purpose of providing additional public accommodations along the water front. Order read once and adopted. (8-1 Gilmore opposed} #226 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Kiwanis Club re sale of alcoholic beverages at fundraiser have considered said matter and beg leave to report as follows, to wit: 101 102 Submit the accompanying order and recommend its adoption. ORDERED: That the CitV Council grant the Kiwanis Club a one-day waiver of the ordinance prohibiting the sale of alcoholic beverages in municipal buildings for its fund raiser to be held at the Senior Center on May 20, 1995. Order read once and adopted. #146 The Committee on Public Service and Aid to whom was referred the matter of Coughlin order re removal of live trees at 252 Essex Street have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the order. Order read once and adopted. #164 The Committee on Public Service and Aid to whom was referred the matter of Communication from Pamela Wall re quarantine notice for her dogs have considered said matter and beg leave to report as follows, to wit: Receive and Place on File. Order read once and adopted. #205 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for conduit at Bayview Avenue 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, June 5, 1995 at 7:58 p.m. in the Council Chamber, third floor, City Hall relative to the request by NYNEX for conduit at Bayview Avenue Order read once and adopted, #209 The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree at Oakhurst Rd 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, June 5, 1995 at 7:56 p.m, in the Council Chamber, third floor, City Hall relative to the removal of a live tree at 60akhurst Road, Order read once and adopted. #211 The Committee on Public Service and Aid to whom was referred the matter of removal of live trees at Hart Street and Essex Street, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File UNFINISHED BUSINESS The following transfers were passed to a second reading on May 1, 1995 and approved by the Council in a roll call vote 9-0. //176 Mayor's request for transfer to account "Building Commissioner - Personnel Services" ($2,880.00) #177 Mayor's request for transfer to account "Mailing Machine and Postage" ($10,000.00) 102 103 MOTIONS AND ORDERS #234 By Councilor Murray NOISE CONTROL ORDINANCE The attached Noise Control Ordinance is the result of about six months worth of study and meetings with Building Commissioner Chick Montoni, Health Director Jay Walsh, Fire Chief Ken Pelonzi, Police Chief John Finnegan, City Solicitor Marshall Handly, interested residents and various city officials in Salem. would like to see it introduced at next Monday's City Council Meeting. (The complete text of the lengthy ordinance will be typed into the record after review and revision and upon adoption) REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Motion to adjourn - 10:27 P.M. Attest: Constance E. Perron City Clerk 103