1995-12-047:00 P.M. #57 Joint Public Hearing with Planning re zoning amendment-
minimum lot size for agricultural, horticultural and floricultural uses
REMANDED TO THE COMMITTEE OF THE WHOLE
7:57 P.M.
7:58 P.M.
7:59 P.M.
#420 Public Hearing re removal of live tree - 34 Washington Street
#456 Public Hearing re Mass Electric petition for conduit in Fayette Street
#459 Public Hearing re removal of two live trees - 10 Beacon Street
REMANDED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
j METING OF THE BEVERLY CITY COUNCIL - MONDAY, DECEMBER 4, 1995
ROLL CALL: PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn,
Troubetaris and Nardella
ABSENT: None
Murray, Rollins,
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Coughlin
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of
November 20, 1995 meeting - Motion passes.
COMMUNICATIONS FROM HIS HONOR TEE MAYOR:
#482
Mrs. Constance Perron
City Clerk
Dear Mrs. Perron:
I hereby request a Special Meeting of the Beverly city Council to be held on Monday, December
11, 1995, at 7:00 p.m. in the Council Chamber, third floor, Beverly City Hall, for the
purpose of setting a tax rate. This meeting will be preceded by a Public Hearing at 6:45
p.m.
AGENDA: Roll Call, Pledge of Allegiance to the Flag, Communications from His
Honor the Mayor, Communications from other City Officers and Boards,
Communications, Petitions, etc, Committee Reports, Unfinished
Business, Motions and Orders.
Very truly yours,
William F. Scanlon, Jr., Mayor
RECEIVED AND PLACED ON FILE
#483
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Sixty-Seven Thousand Two Hundred Seventy Dollars and Fifty-Six
Cents ($67,270.56) to account "Fire Department - Salaries" from account #57810 "Reserve for
Union Negotiations."
said sum of money to be expended under the direction of the Fire Chief. These funds are
necessary to fund the contract for Firefighter Local 1669 effective July 1, 1995.
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very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Four Thousand Nine Hundred Thirty-Five Dollars ($4,935) to
account "Hepatitis B Vaccination Program - Fire Department" from account "Reserve for
Unforeseen Expenditures."
Said sum of money to be expended under the direction of the Fire Chief. Attached are copies
Of the bills received from Quaker State Medical Services for vaccinations administered.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#485
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable council authorize the
Agreement between the city of Beverly and Thomas Ford Sales,
police vehicles.
Mayor to sign the attached
Inc. for the maintenance of
very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#~86
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request approval to make the full-time clerk position in the Collector/Treasurer's
Office permanent. As explained in the attached letter from John Dunn, this position was
filled on a temporary basis on October 1994. It was budgeted on a permanent basis in the
current year's budget and the work load is significant.
Keeping this position temporary on an extended basis in not correct and not helpful to union
management relations. I would appreciate your authorizing this position as permanent.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#487 ¥.I
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached
Mortgage Discharge for property owned by Harry C. Clark, Jr., at 148 Elliott Street, Beverly,
MA as per the attached communication from Kimberley Driscoll, Community Development Director.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#488
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your information the appointment of Timothy Brennan as acting Building
Commissioner for a period of 60 days effective today.
Very truly yours,
William F. Scanlon, Jr., Mayor
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RECEIVED AND PLACED ON FILE
#489
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. Keplaire LaFontant, 41 Tracey Street,
Apt. 2F, Peabody, MA 01960, as a Constable in the City of Beverly for the express purpose of
serving Civil Process.
His appointment will be effective until December 31, 1998.
His appointment has been approved and recommended by Police Chief John Finnegan.
Very truly yours,
William F. Scanlon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#490
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request authorization to start the process of filling the position of Community
Development Manager left vacant by the resignation of Kimberley Driscoll (copy attached).
I expect to follow the usual procedure and plan as outlined in the attached communication
from Planning Director Tina Cassidy.
very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#491
Honorable City Council
City Hall
Dear Honorable Council:
I hereby name the following three citizens of Beverly, not members of the City Council, to
act as the "School Building Commission." This Commission shall serve without compensation
with full power to secure plans subject to the approval of the school Committee for the
purpose of the design and ultimate construction of elementary school facilities.
The Commission shall consist of:
Michael Lauranzano
Nancy Levin
John Drislane
10 Hillside Avenue
8 Columbus Avenue
66 Beaver Pond Road
Very truly yours,
William F. Scanlon, Jr., Mayor
LAID OVER FOR CONFIRMATION
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS
#492
From:
Date:
Subject:
City Council
Bernardins Young
November 27, 1995
Public Hearing on Classification of Property and setting the Tax
Rate
The Board of Assessors requests a public hearing relative to the classification of property
necessary to setting the tax rate. I am asking that the Council act on this request as soon
as possible so that the time may be set and publicized for a December 11, 1995 public
hearing.
Thank you for your consideration.
RECEIVED AND PLACED ON FILE
#155
~e~erly ~ity Council
City Hall, 191 Cabot Street
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238
Re: Recommended zoning amendments from the Planning Board; changes to the Definition of
"Lot" and "Home Occupation" and change to parking regulations of the Zoning Ordinance.
Dear Honorable Council:
A number Of months ago, at the request of the City Solicitor, the City Council and Planning
Board held a Joint Public Hearing on proposed amendments to the definitions of lot and home
Occupation as they are used in the Zoning Ordinance. Following the public hearing, it was
decided that the amendments needed to be redrafted to address the concerns raised by members
of the Council, Planning Board and the audience.
The Planning Board and Department have been researching the issue over the past several
months, and the Board voted at its meeting last night to submit the attached proposal for
consideration and adoption. Additionally, the Board voted to recommend that the City Council
and the Planning Board hold a Joint Public Hearing on the proposed amendments.
If you have any questions on these recommendations, please do not hesitate to contact City
Planner Tina Cassidy at 921-6000, extension 171.
Respectfully,
James A. Manzi, Chairman
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#493
Honorable City Council
City Hall
Dear Council,
Re: Restricted hours parking Ash street
Councilor Murray has been working with the residents of Ash street regarding youths parking
their vehicles on Ash Street and going to Bald Hill, behind the Centerville School, to party.
They have come up with an idea that is suitable to the residents and will help to control
this problem. They want NO PARKING EITHER SIDE, 8:00 p.m. to 1:00 a.m.
Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14,
section 122, as follows:
ADD: No person shall park a vehicle between the hours of 8:00 p.m. and
1:00 a.m. On either side of Ash Street.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#299 Communication from Symes Associates, Inc. re offer to install fence along tot lot
in Maplewood Village.
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#494 Communication from Massachusetts Bays Program requesting time at meeting to bring
Council up to date on MBP programs.
REFERRED TO THE COMMITTEE OF THE WHOLE
#495 Communication from Attorney Paul Applebaum for notice of injury for Bruce
MacArthur, 16 Ropes Street
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#496 Claim - Brian T. Sweeney, 12 Simmons Road, Nahant, MA 01908
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
REPORTS FROM COMMITTEES:
#462
The Committee on Finance and Property to whom was referred the matter of Mayor's request to
bond for $2,130,000 for architectural drawings and specifications for schools have considered
said matter and begs leave to report as follows, to wit:
ORDERED: That $2,130,000 is appropriated for the cost of architectural
services for plans and specifications for construction remodeling
and reconstruction of and extraordinary repairs and additions to
public school buildings; that to meet this appropriation the
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239
Treasurer-Collector, with the approval of the Mayor and the Finance
Director and under the direction of the Committee on Finance and
Property, is authorized to borrow $2,130,000 under G.L. c.44 Sec
7(22) and to file an application with the Emergency Finance Board to
qualify the bonds under Chapter 44A of Massachusetts General Laws;
that the City Treasurer-Collector is further authorized to file a
certified copy of the loan order and provide such other information
and execute such other documents as the Board may require; and that
all bonds or notes issued hereunder shall be certified to in writing
as to their genuineness by Shawmut Bank, N.A. or Fleet Bank of
Massachusetts, N.A.
BE IT FURTHER ORDERED that a Public Hearing be held in the Council Chambers, third floor,
City Hall on Monday, December 18, 1995 at 7:00 p.m. relative to the above loan authorization.
Order read once and adopted, (8-1 Rollins Opposed) and passed to a second reading under
charter provisions.
#486
The Committee on Finance and Property to whom was referred the matter of Mayor's request for
full-time clerk position in collector/Treasurer Office has considered said matter and begs
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the full-time clerk's position in the Collector/Treasurer's
office that was established on a temporary basis become a permanent
position, as budgeted in FY96 and that the collector/Treasurer be
authorized to fill the position.
order read once and adopted.
#490
The Committee on Finance and Property to whom was referred the matter of Mayor's request to
fill position Of Community Development Director has considered said matter and begs 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
advertise to fill the position of Community Development Director
left vacant by the resignation of Kimberley Driscoll.
Order read once and adopted.
#155
The Committee on Legal Affairs and Accounts to whom was referred the matter of Planning Board
recommendations re zoning amendments 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 hold a Joint Public Hearing with the Planning
Board on Tuesday, January 16, 1995 at 7:00 p.m. in the Council
Chamber, third floor, City Hall relative to proposed zoning
amendments - changes to definition of "lot" and "home occupation"
and changes to parking regulations of the zoning ordinance.
Order read once and adopted.
#435
The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication
from Sgt. Tarsook re ordinance change have considered said matter and begs 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 relating to Two Hour
Parking and Parking during Certain Months
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 14, Section 126(d) of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding thereto the following:
"Bridge Street, northerly side, from thirty feet (30') east of #21 Bridge Street
to paved walk-way into Ayers Ryal side school."
That Chapter 14, Section 121(3) during certain months, December first until April first be
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240
amended by adding thereto the following:
"Bridge Street, southerly side, from Hall-Whitaker Bridge, two hundred feet (200')
westerly."
This ordinance to take effect upon passage.
Ordinance read once and adopted and passed to be ordained.
#436
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance
change re Motor Vehicles and Traffic 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 relating to
Parking Prohibited on Certain Streets - At all Times
Be it ordained by the city council Of the city Of Beverly as follows:
That Chapter 14, Section 126 Of the Revised Ordinances Of the City Of Beverly, 1989, be, and
the same is hereby amended by adding thereto the following:
"Railroad Avenue, northerly side, from #43 Railroad Avenue to #49 Railroad
Avenue"
This ordinance to take effect upon passage.
Ordinance read once and adopted and passed to be ordained.
#440
The Committee on Legal Affairs and Accounts to whom was referred the matter of US Shuttle
Service request to use Public Ways in City have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#463
The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination
Agreement - John and Leann Moody, 22 School Street, 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 subordination agreement with John and Leann Moody
for property at 22 School Street, as recommended by Community
Development Director Kim Driscoll.
Order read once and adopted.
#464
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Roland
W. Martineau 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.
#465
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Julie
P. Giardi 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.
#466
The Committee On Legal Affairs and Accounts to whom was referred the matter of Claim - Todd
Freeman 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.
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#467
The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage
Discharge - Desjardins 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 Mortgage Discharge with Desjardins Jewelers for
property at 214 Cabot street, as recommended by Community
Development Director Kim Driscoll.
Order read once and adopted.
#470
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance
change - Motor Vehicles and Traffic re Parking on Park 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 ordinance entitled Motor Vehicles and Parking relative to Two
Hour Parking
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 14, Section 126 of the Revised Ordinances of the City of Beverly, 1989, be, and
the same is hereby amended by adding thereto the following:
"Park Street, westerly side, 2 spaces in front of 90 Park Street"
This ordinance to take effect upon passage.
Ordinance read once and adopted and passed to be ordained.
#471
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance
change - Parking on McKay 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 ordinance entitled Motor Vehicles and Traffic relative to
Parking on Mckay Street
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:
"McKay Street, both sides, from Elliott Street to Sturtevant Street"
and inserting in place thereof the following:
"McKay Street, westerly side, from Elliott Street to Sturtevant Street"
"McKay Street, easterly side, from elliott Street to Goodyear Street"
This ordinance to take effect upon passage.
Ordinance read once, adopted and passed to be ordained.
#472
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Ralph
J. Dowd 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.
#473
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Marcy
Leclerc have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File (Refer to the City Solicitor)
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242
Order read once and adopted.
#376
The Committee on Public Service and Aid to whom was referred the matter of Troubetaris order
re traffic signals at intersection of Bridge Street and County Way have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#40~
The Committee on Public service and Aid to whom was referred the matter of Rollins order re
public landing at Sandy Point have considered said matter and beg leave to report as follows,
to wit:
Receive and Place On File
Order read once and adopted.
#420
The Committee on Public Service and Aid to whom was referred the matter of Removal of live
tree at 34 Washington Street have considered said matter and beg leave to report as follows,
to wit:
submit the accompanying order and recommend its adoption.
ORDERED: That the Commissioner of Public Works be and the same is hereby
requested to take down the tree at 34 Washington Street and Mrs.
Eileen Twiss will be charged for the cost of replacing the tree with
a larger tree than is usually planted.
Order read once and adopted.
#479
The Committee on Public Service and Aid to whom was referred the matter of Removal of live
tree at 6-8 Cliff Street have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Order read once and adopted.
#480
The Committee on Public Service and Aid to whom was referred the matter of Removal of live
tree - 17 Linden Street have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Order read once and adopted.
#494
The Committee of the Whole to whom was referred the matter of Mass Bays Program have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying resolution and recommend its adoption.
RESOLUTION OF SUPPORT FOR THE "COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN FOR
MASSACHUSETTS AND CAPE COD BAYS
WHEREAS the undersigned municipalities recognize Massachusetts and Cape Cod
Bays as significant public resources that contribute to the
environmental, economic, recreational and societal health of the
region; and
WHEREAS we recognize that Massachusetts and Cape Cod Bays are threatened by
deteriorating environ]nental quality that poses a threat to public
health and quality of life; and
WHEREAS we recognize that the drainage basins of Massachusetts and Cape Cod
Bays cross municipal boundaries; that the future of the Bays depends
upon the ability of neighboring communities to control the quality
of their environment through regional communication and cooperation
among municipal, state, and federal agencies responsible for
managing the Bays and their watersheds; and
WHEREAS we have contributed to and reviewed the Massachusetts Bays
Programs's Comprehensive Conservation and Management Plan (CCMP)
that is designed to protect and enhance the Bays' resources;
BE IT THEREFORE RESOLVED, that we agree to voluntarily implement the CCMP recommendations -
both individually and cooperatively - that are most appropriate for the communities. We will
voluntarily work to:
-protect and enhance shellfish resources and coastal habitats;
-reduce and prevent stormwater, oil and toxic pollution;
-manage wastes from on-site sewage treatment systems, sewage treatment plants, and
boats;
242
-manage dredging and the disposal of dredged materials;
-reduce beach debris;
-protect nitrogen sensitive embayments;
-enhance public access and the working waterfront;
-plan for a shifting shoreline;
-manage local land use and growth.
Resoiution read once and adopted.
UNFINISHED BUSlHESS
~he following orders took first readings and ware laid over under charter provisions and
assed on roll call votes:
.,~I2 Mayor's request for transfer to account "Insurance" ($45,000)
#448 Mayor's request for transfer to account "Shuttle Bus" ($3,134.97)
#449 Mayor's request for transfer to account "Councilors' Expenses" ($1800)
MOTIONS AND ORDERS:
#497 By Councilor McGlynn
ORDERED: That Ordinance Chapter 17, Section 29 Relative to Unclassified
salaries be amended to change the Mayor's salary from $60,000 to
$65,000 as of January 1, 1996, as previously approved in the current
year's budget.
REFERRED TO THE COMMITTEE ON FINANCE AND pROPERTY
Motion to adjourn: 9:45 p.m.
Attest: Constance E. perton
City Clerk
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