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1995-08-01143 SPECIAL MEETING OF THE BEVERLY CITY COUNCIL, AUGUST 1, 1995 at 8:00 P.M. ROLL CALL.: Present: Absent: Coughlin, Gilmore, Golin, Troubetaris, Nardella None Mahan, McGlynn, Murray, Rollins, PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Troubetaris ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and accept minutes of June 29, 1995 meeting. Motion passes. COMMUNICATIONS FROM HIS HONOR THE MAYOR: seconded to #289 Mrs. Constance Perron City Clerk Dear Mrs. Perron: I hereby request a Special Meeting of the Beverly City Council to be held on Tuesday, August 1, 1995 at 7:00 p.m. in the Council Chamber, third floor, City Hall for the purpose of authorizing the submission of FY95 CDBG Grant Application. Agenda: Roll Call Pledge of Allegiance to the Flag Communications from His Honor the Mayor Communications from other City Officers Communications, Petitions, etc. Committee Reports Unfinished Business Motions and Orders :Very truly yours, William F. Scanlon, Jr., Mayor Received and Placed on File and Boards #290 Beverly City Council City Hall Beverly, MA 01915 Ladies and Gentlemen of the Council: enclosed herewith is an Order requesting authorization to submit a grant application to the Executive Office Of Communities and Development (EOCD) seeking funding for proposed community development activities. As you may know, this year the City is eligible to apply to EOCD for Community Development Block Grant (CDBG) funds for various activities aimed at providing services to low and moderate income Beverly residents and removing slums and blight throughout our residential neighborhoods. For the last three years, the City has not been eligible to apply for this funding due to the fact that there were unresolved audit findings in previous program years. This year a maximum of $600,000 is available to local cities and towns for eligible CDBG activities. Staff in the Community Development 'Office have been working on developing a grant application that will be [competitive, as well as serve some of the City's most pressing needs. A Public Hearing was held in early July to solicit potential proposals and projects for inclusion in this year's grant application. As a result of that meeting, the following activities are being proposed for the FY95 CDBG grant application. * Handicapped Access Improvements for City Hall 143 144 Low Interest Loans to Businesses for Handicapped Access Improvements 0% Interest Loans for Housing Rehabilitation and Deleading Programs Dane Street Drainage Improvement Project Park Street Playground Improvement Project Social Service Funding: North Shore ARC, Beverly Regional YMCA, Friends of Beverly Recreation and Greycroft Club. The grant application must be submitted to EOCD prior to August 4, 1995 in order to be considered for funding in this upcoming round. With this in mind I am writing to seek authorization to submit the FY1995 CDBG Program Application, as noted on the attached Order. Thank you for your consideration of this matter. Sincerely, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #291 Honorable City Council City Hall Dear Honorable Council: Consistent with Cit y Ordinance, I hereby request authorization to fill three patrolmen positions which have been budgeted for the current fiscal year. This action will bring us closer to the manning level which your Honorable Council supported in approving the 1995-1996 Budget. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #292 Honorable City Council City Hall Dear Honorable Council: Consistent with City Ordinance, I hereby request authorization to fill the newly budgeted clerk position in the Assessor's Office. A supporting letter from Chief Assessor Bernadine Young is attached. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #293 Honorable City Council City Hall Dear Honorable Council: The Fiscal 1996 budget approved by the Honorable Council anticipates modest salary increases for two city department managers. I ask tonight for your approval that these deserved increases be effective as of the beginning of the current fiscal year which began July 1 1995 The details are as follows: ' ' 1. Mark Foster, Director of Civil Defense from $7,155 to $8,655 (50% 144 145 reimbursed by FEMA Paula Dolan-Pare, Director of Council on Aging from $24,600 to $28,000 Thank you for favorable consideration for these two well deserved salary adjustments. William F. Scanton, Jr., Mayor. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #294 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council take action this evening on the requests for the authorization to fill the positions in the Police and Assessor's Departments. very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: #295 Honorable Board of Aldermen City of Beverly Re: Building Permit Fees Dear Alderman Nardella, enclosed please find a list of projects which the Beverly Housing Authority is planning to implement within the next few months. We believe that all these projects require building permits. We respectfully request that the Board of Aldermen waive the permit fees. If you have any questions or need additional information please contact me at 921-2425. Thank you for your consideration. Sincerely, Susan L. Carleton, Deputy Director REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #297 The Honorable City Council City of Beverly Dear Members of the Council, I respectfully request authorization for the establishment of a special account to receive donations and/or contributions for the Archives Project that I have begun in my department. In order to properly catalogue and store the documents in the basement, we are in need of acid free file folders and archival boxes, as well as shelving and lighting in the basement. We have undertaken a fund-raiser to obtain some of the necessary funds and the response has been excellent. I would like to deposit the funds with the City Treasurer for dispensation. I don't anticipate vast sums, but many people are interested in this particular project and may wish to contribute 145 146 from time to time. I am available to discuss this at your convenience; our fund raiser scheduled for August 26, 1995. A prompt reply would be appreciated. Thank you for your attention to this matter. is Very truly yours, Constance E. Perron, City Clerk, CMC REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #298 The Honorable City Council City of Beverly Dear Councilors, I respectfully request authorization to fill the position of full time Clerk- Typist in my office. The position was funded in the FY96 Municipal Budget and will be filled by Helen Butler, who was the part-time clerk typist during last fiscal year. Helen was worked extremely well in our operation; able to assume most of the duties of the office. funding which allows her to be full-time. is now fully trained and I am grateful for the Thank you for your attention to this matter. Very truly yours, Constance E. Perron, City Clerk, CMC REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #299 The Honorable City Council Beverly City Hall Re: Maplewood Village Tot Lot Dear Members of the Council: At the Planning Board's regular meeting held on Tuesday, July 18, 1995, members of the Board discussed the Maplewood tot lot deed and the cash contribution which were conditions of approval for the Maplewood Village Modified Subdivision Plan approved on November 16, 1993. Specifically, the Board requested that "...the tot lot could be deeded to the City of Beverly in a cleared condition, and that a contribution in the amount of $10,000 be given to the City by the developer...', and that the contribution "...shall be placed immediately in a trust fund, with all monies earmarked specifically for improvements to the tot lot." Attorney Brad Latham has submitted to the Planning Board the deed to the land area for the tot lot and a check to the City in the aforementioned amount. The Planning Board ha voted unanimously to urge the City Council to accept the tot lot deed and cash contribution. In addition, the Board recommended that the money be set aside in a separate account in the Recreation Department,s budget solely for the purpose of making improvements to the tot lot at the Maplewood development. Thank you for your consideration to this request. If I can be of further assistance to you or if you desire additional information, please do not hesitate to contact City Planner Tina Cassidy. Respectfully, James A. Manzi, Chairman, Planning Board 146 147 REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #300 ,#301 Honorable City Council City Hall Dear Council, Re: Stop Signs - Dane Street (4-way) We have been asked by some residents to look into placing STOP signs on Dane Street at Lovett Street, both sides of Lovett Street, and we have done this for a 30-day study, and found it does meet the warrants for a STOP sign on both sides of Lovett Street. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, we request the following stop signs: Add: Dane Street, southeastbound and northwestbound drivers on Dane Street at Lovett Street, both sides. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #302 Honorable City Council City Hall Dear Council Re: Request for Stop Sign, Appleton Avenue We have been asked by some residents to look into placing a STOP sign on Appleton Avenue at the intersection of Baker Avenue. We have investigated this location, conducted a study, and found that it does meet the warrants for a STOP sign. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of beverly, we request the following stop sign: Add: Appleton Avenue, northeastbound drivers on Appleton Avenue at Baker Avenue. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #303 Honorable City Council City Hall Dear Council, 147 148 Re: Revise Parking Ordinance, Cabot Street We have received a request to allow more parking on Cabot Street, southerly and westerly sides, in front of Delta Electronics #416 Cabot Street. Presently parking is restricted from Simon Street to opposite Mason Street. We are recommending this ordinance be amended to allow parking in front of Delta Electronics. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, section 120 as follows: DELETE: Chapter 14, Section 120 "Cabot Street, southerly and westerly opposite Mason Street" sides, from Simon Street to ADD: Chapter 14, Section 120 "Cabot Street, southerly and westerly sides, 412 Cabot Street" form Simon Street to Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #304 Honorable City Council City Hall Dear Council, Re: Revise Parking Ordinance, Front Street We have received a request to allow more parking on Front Street, northerly side, in front of #22 Front Street, 2 spaces. Presently parking is restricted from Davis Street to Bartlett Street. We are recommending this ordinance be amended to allow parking in front of 22 Front Street. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 120 as follows: DELETE: Front Street, northerly side, from Davis Street to Bartlett Street ADD: Front Street, northerly side, from #26 Front Street to Bartlett Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #305 City Council City of Beverly Dear Council Members: I hereby recommend the following for a Drain Layers License in the City of Beverly: County Homes, Inc., 114 Hart Street, Beverly, MA 01915 Attn: Jeffrey J. Lawler, President Very truly yours, George J. Zambouras, p. E. Commissioner of Public Works REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS 148 149 #306 Constance Perron City Clerk City of Beverly Re: Notice of taking and Offer of Settlement for Easements within Goldway Playground and Ward Two Playground Dear Ms. Perron, The City of Beverly is hereby notified, pursuant to Chapter 79, Section 7C of the General Laws of the Commonwealth of Massachusetts that the South Essex Sewerage Board acting on behalf of the South Essex Sewerage District has taken by eminent domain on July 25, 1995, easements in land the City appears, from the records of the Registry of Deeds and other sources, to own located within Goldway Playground and Ward Two Playground within the City. Authority for this taking is Chapter 339 of the Acts of 1925, as amended, Chapter 34 of the Massachusetts Acts of 1995 and Chapter 79 of the Massachusetts General Laws. The District will use the easements for purposes of constructing sewer lines, structures and appurtenances. The easements taken are described in the Order of Taking, adopted July 25, 1995, which was recorded at the Essex South District Registry of Deeds on July 25, 1995. A copy of the Order of Taking containing a complete legal description of the property interests taken and a copy of the plan(s) are enclosed with this letter. Based on an appraisal of the fair market value of the easements taken, Board has voted an award of five thousand nine hundred dollars ($5,900.00 the record owner. the to The Board hereby offers the City this amount in full settlement of all damages sustained as a result of the taking including, without limitation, interest and taxable costs. The City may accept this amount as full settlement, or it may accept it as partial (pro tanto) settlement, which the Board also hereby offers. The City may also reject the offer. Neither acceptance of the partial (pro tanto) settlement nor rejection prejudices the City's right to petition the Essex County Superior Court for a higher assessment of damages. Petitions must be filed within three years of the date of recording of the Order of Taking, July 25, 1995. The City may accept the Board's offer, either as full or pro tanto settlement by written notice delivered to the South Essex Sewerage Board, 50 Fort Avenue, Salem, Massachusetts 01970, to the attention of Andrew H. Sims, Jr., Executive Director. The notice must be signed by a duly authorized representative of the City and be accompanied by evidence of the representative's authority to act on behalf of the City for this purpose. The City may also waive the payment of damages by sending written notice to the Board in the form set forth above. The Board reserves the right to require reasonable evidence of ownership and the right to make direct payment to any holder of an encumbrance of the whole or part of such payment to the extent of the value of such encumbrance. The Board further reserves the right to dispose of any award in any other manner provided by law. A copy of this notice has been sent to the Collector of Taxes for the City of Beverly as required by law. Very truly yours, Andrew H. Sims Jr. Executive Director South Essex Sewerage District REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #307 TO: Honorable City Council 149 150 From: Donald B. Young, Date: August 1, 1995 Re: End of Year FY95 Finance Director Attached is the end of year report for FY95. I apologize that it is not in the format you are used to nor is it one I prefer. Seems we need to go through a couple of 'year ends' before we can do a lot of things the way we used to. We are still making minor adjustments to these two reports as we go through our own internal end of year audit. Therefore it is still premature to draw any conclusions from the numbers you have before you EXCEPT it is clear that we at least made our deficit reduction target and that there are no surprises. The difference between amount expended and total revenue should not be construed as the amount applied to the deficit. There are other charges against those revenues that are not 'expenses'. For example, the Airport deficit has to be covered. We also planned to allocate some $300,000 against FY94 deficits in snow and ice and litigation. Also, remember that uncollected Real and Personal Property Taxes are not considered as revenue shortfalls. We are keeping in very close contact with our auditors and hope to have their preliminary opinion on the deficit balance as of 7/1/95 with the next 4-6 weeks, in the meantime, be assured that FY95 was a successful year. I read with some amount of humor the School Department's announcement of a $100,000 'surplus' I found it humorous for two reasons. First, under Ed Reform they do not return that money to the General Fund. They are required to spend it, so their surplus merely means they have $100,000 more to spend this year. Secondly, the School Department froze approximately $300,000 worth of accounts in February and never thawed them out. Had they not frozen those accounts, the $100,000 surplus would have been a $200,000 deficit. I have to believe that there is some pent up spending over there and some needs that were not met in FY95 that are going to have to be met in FY96. My guess would be that the School Department is going to have some more budget problems come the end of FY96. REFERRED TO THE COMMITTEE OF THE WHOLE #308 Honorable City Council City Hall Dear Council, Re: Pedestrian Safety - Prohibit right-on-red turn, Lothrop & Hale Street We have received several requests to eliminate the Right-on-red turns at Lothrop & Hale Streets. This intersection was always a restricted intersection and this restriction was lifted around 1991, to allow right-on- red turns. One of the requests is from a Bob Granese, 85 Hale Street, who lives on that very corner. He has young children himself, and has witnessed many pedestrians trying to cross the crosswalk, from the ocean side of Hale Street to the Cemetery or J&J Engine Stop side, who are almost struck by vehicles coming up from the Dane Street Beach area, either not stopping or rolling through the stop light and turning right from Lothrop to Hale Street. I have received complaints from other persons, both pedestrians and people living in the area, who have assisted young children across the street because cars come around that corner and people are in the crosswalk. We recently installed a sign, AFTER STOP - RIGHT TURN PERMITTED, but this has done little to help pedestrians trying to cross Hale Street. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 88 as follows: ADD: Lothrop Street at Hale Street, northeasterly drivers on 150 151 Lothrop Street prohibited from right-on-red turn. This would allow the three (3) other approaches to make a right-on-red, not the approach coming up from Dane Street Beach. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS but COBe4UNICATIONS, APPLICATIONS P~ND PETITIONS: #309 Mass Electric petition for conduit in Cabot Street REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #310 Claim - June Curtis by Attorney Nicholas S. Hodge REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #311 Claim - Margaret and Jane Roberts, 13 Amherst Road REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #312 Claim - Patrick and Laura Slattery, 24 Fillmore Street REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #313 Communication from Thomas J. Alexander re encroachment on City property - Ward Two playground REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS REPORTS FROM COMMITTEES: #291 The Committee on Finance and Property to whom was referred the matter of Mayor's request to fill patrolmen's positions has considered said matter and be 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 fill three patrolmen positions in the Police department which were funded in the FY96 municipal budget. Order read once and adopted. #292 The Committee on Finance and Property to whom was referred the matter of Mayor's request for authorization to fill clerk position has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Chief Assessor be, and the same is hereby 151 152 authorized to fill the newly created clerk's position which was funded in the FY96 municipal budget. Order read once and adopted - 7-2 with Gilmore and Mahan opposed. #294 The Committee on Finance and Property to whom was referred the matter of Mayor's request for action on this evening's requests has considered said matter and begs leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #297 The Committee on Finance and Property to whom was referred the matter of request from City Clerk for special account 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 Clerk be, and the same is hereby authorized to establish a special account for donations and/or contributions to the Archives Project of the City of Beverly, in accordance with procedures established by the Finance Director. Order read once and adopted. #298 The Committee on Finance and Property to whom was referred the matter of City Clerk's request to fill position 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 Clerk be, and the same is hereby authorized to fill the position of full time clerk-typist, with the person who was part-time, effective July 1, 1995, as budgeted in FY96 municipal budget. Order read once and adopted. #290 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Mayor re grant application 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 submit a grant application to the FY1995 Community Development Block Grant Program for the projects and programs outlined in the attached correspondence. Order read once and adopted. #293 The Committee on Legal Affairs and Accounts to whom was referred the matter 152 153 of Ordinance change re unclassified salaries 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 "Personnel" relative to unclassified Salaries Be it ordained by the city council of the city of Beverly as follows: That Chapter 17, Section 29 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: "Director, Council on Aging - Twenty-Eight Thousand Dollars ($28,000) and by changing the Civil Defense Director from $6,655.85 to Eight Thousand Six Hundred Fifty-Five Dollars ($8,655.00) This ordinance to be effective as of July 1, 1995. Ordinance read once, adopted and passed to be ordained. #303 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Sgt. Tarsook re parking on Cabot Street 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 relative to times. ordinance entitled "MOTOR VEHICLES AND TRAFFIC" parking prohibited on certain streets at all Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by deleting therefrom the following: "Cabot Street, southerly and westerly sides, from Simon Street to opposite Mason Street" and replacing it with the following: "Cabot Street, southerly and westerly sides, 412 Cabot Street" from Simon Street to This ordinance to take effect upon passage. Ordinance read once, adopted and passed to be ordained. #309 The Committee on Public Service and Aid to whom was referred the matter of 153 154 Mass Electric petition for conduits in Cabot Street have considered matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council hold a Public Hearing on Tuesday, September 7, 1995 at 7:57 p.m. in the Council Chamber, third floor, City Hall Relative to the Mass Electric petition for conduits in Cabot Street. said MOTIONS AND ORDEN8: #314 By Councilor Rollins ORDERED: That the Traffic Sergeant be, and the same is hereby ordered to make a study and recommendation relative to No Parking on Bartlett Street, between Lovett Street and Wentzel Avenue. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #315 By Councilor Rollins ORDERED: That the Traffic Sergeant be, and the same is hereby ordered to make a study and recommendation relative to two-hour parking from #41 Railroad Avenue to the end, between the hours of 7 AM to 12 noon, Monday to Friday. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #316 By Councilor Coughlin ORDERED: That the Commissioner of Public Works be, and the same is hereby ordered to make a study and recommendation relative to the removal of a live tree at 90akmont Road REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #317 By Councilor Coughlin ORDERED: That a Master Plan update be commenced immediately REFERRED TO THE COMMITTEE OF THE WHOLE #318 By Councilor Coughlin ORDERED: That the matter of irrigation meter rentals for outside watering be researched. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID Motion to adjourn: 8:40 p.m. Attest: Constance E. Perron City Clerk 154