1995-12-187:00 P.M. #462
Public Hearing re Bonding Authorization of $2,130,000
for architectural services for school remodeling and
building
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, DECEMBER 18, 1995
ROLL CALL:
PRESENT:
ABSENT:
coughlin, Gilmore, Golin, Mahan, McGlynn,
Murray, Rollins, Troubetaris and Nardella
None
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by City Clerk Perron
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of
December 11, 1995 meeting - Motion passes.
CONFIRMATIONS:
#501 The appointment of Zambouras, Finnegan and Giallongo to Police Station Repairs Building
Commission was unanimously confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
#503
Honorable City Council
city Hall
Dear Honorable Council:
Before you is an order to spend up to $2,130,000 for detailed architectural plans and
specifications to improve our elementary facilities.
You have asked that I indicate known sources of new revenues and/or cost reductions which
relate to our ability to pay for the drawings.
1. The C.P. Clare Corporation'e new home is now under construction at Cherry Hill. It
should add approximately $150,000 to the tax rolls.
Stop & Shop intends to break ground in April of 1996. I estimate new taxes from that
project of $150,000.
3. Eaton will visit us again on Tuesday December 19th. Eaton is talking seriously of an
expansion of 90,000 sq.ft. That could well yield new tax revenues in excess of
$100,000 annually.
4. Marshall Handly, Mark Foster and I have negotiated elimination of the current $200,000
ambulance subsidy paid by the City over the next 2-3 years with a guarantee of no
subsidy of the following 5 years at least.
5. We have a letter from the outside auditors, admittedly labelled "DRAFT," confirming the
Finance Director'e conclusion that the revenue deficit has
been eliminated. We did in fact budget $287,000 this year to finally eliminate the
deficit. It is highly probably that sum is available to us.
A large company with revenues in excess of $1 billion is expressing strong interest in
building a 40,000 sq. ft. plant expandable to 80,000 sq. ft. on an 8-10 acre site if
the northern connector road project is moving along well by the end of March 1996.
I do believe that if we continue to work together giving business prompt and responsive
answers that we will be able to generate the revenues necessary to rebuild Beverly's
infrastructure. I do realize, however, that some faith on your part will be required as we
expand our tax base.
Very truly yours,
William F. Scanlon, Jr., Mayor
RECEIVED AND PLACED ON FILE
COMMUNICATIONS, APPLICATION8 AND PETITION8
#504 Request from American Red Cross to hang Banner across Cabot Street.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
249
REPORTS FROM COB~ITTEES:
#497
The Committee on Finance and Property to whom was referred the matter of McGlynn order re
Mayor's salary 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 deleting therefrom the following:
"Mayor, Sixty Thousand Dollars ($60,000)"
and inserting in place thereof the following:
"Mayor, Sixty-Five Thousand Dollars ($65,000)"
This ordinance to be effective as of January 1, 1996.
Ordinance read once and adopted, (8-1 Mahan opposed), and passed to be ordained.
#103
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Darcia
Sadoski have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File - Referred to City Solicitor
Order read once and adopted.
#1~8
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance'
change re dogs and cats 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 creating an ordinance entitled ARTICLE II - DOGS AND CATS
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 4 of the Revised Ordinances of the City of Beverly be,
amended by adding thereto the following:
"Article II. DOgs and Cats
Sec. 4-15 DOg License - When required.
Whoever owns or keeps a dog which is six (6) months old or over in the city shall
obtain a license therefor from the City Clerk.
The City Clerk shall not grant such license for any dog unless the owner thereof
provides the clerk with either a veterinarian's certification that such dog has
been vaccinated in accordance with section 4-18 of this Code or a notarized
letter from a veterinarian that a certificate was issued.
The owner or keeper of a licensed dog shall cause it to wear around its neck or
body a collar or harness of leather or other suitable material, to which shall
be securely attached a tag in a form prescribed by the City Clerk, and upon which
shall appear the license number for the current year.
Whoever violates the provisions of this section shall be subject to a fine of
twenty-five dollars ($25.00)
Any person failing to pay the above fine within the twenty-one (21} days
provided will be subject to a five dollar ($5.00) surcharge in addition to the
fine due.
and the same is hereb~
Sec. 4-16. Disposal of animal waste.
250
(a) Dutv to dispose. It shall be the duty of each person who owns, possesses
or controls a dog to remove and dispose of any feces left by his/her dog on any
sidewalk, street, park, public area or any private property of another. A copy
of this ordinance shall be given to every dog owner when licensing his/her dog.
(b} Duty to possess means of removal. No person who owns possesses or controls
such dog shall appear with such dog on any sidewalk, street, park, public area
or private property of another without the means of removal of any feces left by
such dog.
(c) Method of removal and disposal. For the purpose of this regulation, the
means of removal shall be any tool, implement or other device carried for the
purpose of picking up and containing such feces, unexposed to said person or the
public. Disposal shall be accomplished by transporting such feces to the
property of the owner of the dog or to some other place suitable and regularly
reserved for the disposal of human feces or specifically reserved for the
disposal of canine feces, and so disposing of said feces.
(d) Fines for violation. Fines for violation of this section shall be twenty-
five dollars ($25.00) for the first offense in a calendar year and fifty dollars
($50.00) for subsequent offenses in the same calendar year.
(e) This section shall not apply to a guide dog accompanying any handicapped
person.
(f) Severability: The provisions of this section are severable and if any of
the provisions of this section shall be held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, the decision of such court shall
not effect or impair any of the remaining provisions.
sec. 4-17. Ownership and use of security and guard dogs
(a) Any dog used primarily for the purpose of securing and protecting real or
personal property which if open to public access at any time, shall comply with
all the following:
(1) Such dog shall be registered with the City Clerk in accordance
Massachusetts General Laws, Chapter 140, Section 137 and 137A.
(2) Such dog shall be kept within a closed-in area at all times when such
property is open to public access or during business hours. Such closed-in area
will consist of a fence at least six (6) feet high with a fence covering and a
locked gate and/or within a locked room if in a business establishment.
(3) All areas secured or protected by a security or guard dog or dogs
shall be posted in such through manner as to five adequate notice to the public.
(Beware of Guard Dog, etc.)
with
(b) No person/business shall harbor a security dog or guard dog unless he
has obtained a security dog kennel permit.
(1) Such permit will be issued by the City Clerk at no fee upon written
certification by the animal control officer that such business or person has
complied with all the guidelines of this section. Such permit may be revoked by
the police chief upon evidence of violation of the provisions of this section.
(2) The City clerk shall provide the fire chief and police chief with t
copy of the security dog kennel permit.
(3) The security dog kennel permit shall specify the location at which the
dog is licensed to be located and no transfer or relocation of the duly licensed
guard/security dog shall be permitted without the approval of the animal control
officer.
(4) Such permit shall be valid for an indefinite period of time.
(5) Any business Or private resident harboring a security dog shall upon
the request of the dog officer or any police officer allow him to enter and
inspect the kennel area where such dog is licensed to be harbored.
(C) Failure to comply with any subsection of this section will result in a
fifty dollar ($50.00) fine for each day of such violation.
:sec. 4-18. Vaccination against rabies; revaccination; penalty.
Whoever is the owner or keeper of a dog or cat six (6) months of age or older shall
cause such dog to be vaccinated against rabies by a licensed veterinarian using a vaccine
approved by the department of public health.
Unvaccinated dogs and cats acquired or brought into the city shall be vaccinated within
thirty (30) days after acquisition or entry into the city or upon reaching the age of six (6)
months, whichever comes later.
251
Vaccinated dogs and cats shall be revaccinated Periodically in accordance with rules
and regulations adopted and promulgated by the Department of Public Health of the
Commonwealth of Massachusetts.
Whosoever violates the provision of this section shall be subject to a fine of fifty
dollars ($50.00).
Any person failing to pay the above fines within the twenty-one (21) days provided will
be subject to a five dollars ($5.00) surcharge in addition to the fine due.
Secs. 4-19 through 4-25. Reserved.
Add the following:
Sec. 4-26(f)
"Cats impounded and unclaimed by the owner or keeper after a two (2) day period may be
disposed of in accordance with the provisions of Massachusetts General Law Chapter 140,
Section 151A."
Delete current Section 4-28 in its entirety, and replace it with the following:
"Sec.4-28 Dogs; restraint required.
No person owning, harboring or having custody and control of a dog shall permit such
dog to be at large in the City of Beverly at any time, elsewhere than on the premises of the
owner, except if such dog be on the premises of another person with the knowledge and assent
of such person. Further, any person owning, harboring or having custody and control of a dog
in the City of Beverly, when such dog is not On the premises of the owner or upon the
premises of another person with the knowledge and assent of such person, shall control and
restrain such dog by a leash of appropriate length.
The animal control Officer or assistant animal control officer may take into custody
any licensed dog found at large within the City of Beverly in violation of the first
paragraph of this section. The animal control officer or assistant animal control officer
may then impound said dog at any licensed kennel and notify the owner of the location where
the dog may be claimed. The Owner shall pay the boarding fee which may have accrued before
the kennel shall be obligated to release the dog. If the owner does not claim the dog within
three (3) days of receipt of notice, the dog constable shall cause a second notice to be sent-
to the owner by registered mail. If the owner does not claim the doge within three (3) daye
of receipt of the second notice, the dog constable may proceed against the owner for willful
abandonment,pursuant to Chapter 272 Section 84 of the Massachusetts General Laws.
Whoever violates any provision Of this section shall be subject to a fine of fifteen
($15.00) for a first offense, twenty-five dollars ($25.00) for a second or third offense
relating to the same dog and fifty dollars ($50.00) for any subsequent offense relating to
the same dog. Any dog which has been the subject of four (4) or more violations of this
section within one calendar year shall be deemed a nuisance to which the provisions and
procedures of G. L. Chapter 140, Section 157 shall apply, and shall be reported as such by
the animal control officer to the chief of police for appropriate action under that law.
Notwithstanding any violation whereby a dog is at large On a public beach, park mall or
market area (unless otherwise permitted by ordinance, license, permit or special act) shall
be subject to a fine of twenty-five dollars ($25.00) for a first offense and fifty dollars
($50.00) for each additional offense relating the same dog.
Any person failing to pay the above fines within the twenty-one (21) days provided
will be subject to a five dollars ($5.00) surcharge in addition to the fine due."
This ordinance to take effect upon passage.
Ordinance read once, adopted (8-1 with Murray opposed) and passed to be ordained.
#152
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Superintendent,a request for ordinance governing smoking have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
order read once and adopted. ~
#219
The committee on Legal Affairs and Accounts to whom was referred the matter of Communication'
from Commission on Handicapped re enforcement of Handicapped parking have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#299
252
The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication
from Symes Associates re tot lot at Maplewood Subdivision have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#418
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim -
Suzanne Dorsey have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File - Referred to City Solicitor
!Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Agreement
between Gourdeau and South Essex Sewer District have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Application -
Auctioneers license - International Oriental Rug Auctioneers have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#475
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - John
Colantoni have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File - Referred to the City Solicitor.
Order read once and adopted.
#485
The committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's
request for authorization to sign contract - Thomas Ford 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 contract between the City of Beverly (Police
Department) and Thomas Ford for the maintenance of Police Vehicles
Order read once and adopted (8-1 with Mahan opposed)
#487
The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage
discharge for Harry Clark, 131 Elliott 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 Mortgage discharge for property at 131 Elliott
Street owned by Harry Clark, as recommended by the Community
Development Director.
Order read once and adopted.
#493
'The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance
change - parking on Ash 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 prohibited at all times - during certain hours
253
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 14, Section 122 of the Revised Ordinances Of the City of Beverly, 1989, be and
the same is hereby amended by adding thereto a new section (u) as follows:
"(u) 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."
This ordinance to take effect upon passage.
Ordinance read once and adopted, and passed to be ordained.
#~95
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Bruc~
MacArthur have considered said matter and beg leave to report as follows, to wit: ~
Receive and Place On File - Referred to the City Solicitor.
Order read once and adopted.
#496
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Brian
Sweeney 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.
#~7
The Committee on Public Service and Aid to whom was referred the matter of Removal of live
trees on Hull 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 City removal live trees as follows:
93 Hull Street - one large pine tree
97 Hull street - two (2) pine trees
103 Hull street - two (2) oak trees and one pine tree
These will be removed in conjunction with the sidewalk project on
the south side of Hull Street from Driecoll Lane to 107 Hull Street.
Order read once and adopted.
#456
The Committee on Public Service and Aid to whom was referred the matter of Mass Electric
petition for conduit from Cabot Street to Fayette Street have considered said matter and beg
leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
#50~
The Committee on Public service and Aid to whom was referred the matter of request to hang
banner across Cabot Street - American Red Cross have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the City Council grant permission for the American Red Cross to
put up the Red cross Banner across Cabot Street during the month of
March
Order read once and adopted.
#21
The committee of The Whole to whom was referred the matter of Communication from Beaver
Pond/Longfellow Place re concerns about traffic have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted. r
#43
The Committee of the Whole to whom was referred the matter of Gilmore order to amend Rules
to allow for public comment have considered said matter and beg leave to report as follows,
to wit:
Receive and Place on File
Order read once and adopted.
254
255
#57
The Committee of the Whole to whom was referred the matter of Communication from Planning
Board re lot size for agricultural, horticultural and floricultural uses, 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 "Zoning"
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 29, Sections 7 through 15 of the Revised Ordinances of the City of Beverly,
1989, be, and the same is hereby amended as follows:
That Sections 29-7.B.5., 29-8.B.5., 29-9.B.5., 29-10.B.5., 29-11.B.5., 29-12.B6., 29-13.B.8.,
29-14.B.8., and 29-15.B.14 be amended by adding after the word "floricultural" the phrase
"(as defined in M.G.L. Chapter 61A)" and by deleting the phrase "..permitted with a minimum
lot size of 5,000 square feet." and replacing with the phrase "..permitted with a minimum lot
size of five (5) acres."
Add new Sections 29-7.C.11., 29-8.C.11., 29-9.C.9., 29-10.C.9., 29-11.C.8., 29-12.C.8., 29-
13.C.7., 29-14.C.10., and 29-15.C.8., stating Horticultural and floricultural (as defined by
MGL Chapter 61A) uses On lots with at least One (1) acre but less than five (5) acres."
Amend the Beverlv Land Use Schedule to reflect that a special permit (SP) is required for
horticultural and floricultural uses on lots of at least one (1) acre but with less than five
(5) acres, and that these same uses on lots containing five (5) acres or more are permitted
(P).
That Chapter 29 Section 5 be amended by adding thereto the following new subsection O
entitled "Horticultrual and Floricultural activities"
Nothing in this Ordinance shall be deemed to prevent horticultural or floricultural
activities for personal use or consumption and nothing in this Ordinance shall be deemed to
prohibit the sale of horticultural or floricultural products grown entirely on the premises
from which it is sold during the months of May, June, July, August and September, regardless
of lot size."
This ordinance to take effect upon passage.
Ordinance read once and adopted, and passed to be ordained.
#117
The Committee on Public Service and Aid to whom was referred the matter of Coughlin order re
Master Plan for Norwood's Pond Area have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
order read once and adopted.
#234
The Committee of the Whole and Aid to whom was referred the matter of Murray order re Noise
control Ordinance have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#307
The Committee of the Whole to whom was referred the matter of Finance Director report on end
of FY95 have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#318
The Committee of the Whole to whom was referred the matter of Coughlin order re irrigation
meter rentals have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Order read once and adopted.
#321
255
256
The Committee of the Whole to whom was referred the matter of Mayor's request for action on
grant contract have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#325
The Committee of the Whole to whom was referred the matter of Mayor's request to provide
special benefit to Bonaiuto family have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Order read once and adopted.
#373
The committee of the Whole to whom was referred the matter of Gilmore order re public hearing
on Henderson Road have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#442
The Committee of the Whole to whom was referred the matter of Letter from Beverly National
Bank re Conifer Road have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
UNFINISHED BUSINESS:
#483
#484
#498
#499
The following transfers were received into the Council, passed to a second reading and laid
over under charter provisions and passed on a roll call vote.
#462 Mayor's request for bonding authorization for $2,130,000 for architectural
drawings for school remodeling and renovations
Mayor's request for transfer to account "Fire Department - salaries" ($67,270.56)
Mayor's request for transfer to account "Hepatitis B - Vaccination Program"
($4,935.00)
Mayor's request for transfer to account "Generator Repair - Library Bookmobile',
($6,768.80)
Mayor's request to amend bond authorization (Order #377 of 1994) to include
police station repairs.
MOTIONS AND ORDERS~
#505 By Councilor Rollins:
ORDERED:
The council will not bond for the acquisition of land, buildings, or
equipment until the Mayor shall have submitted and the Council
approved a capital Improvement budget and comprehensive financial
plan.
Motion made and seconded to suspend rules to allow for discussion at this meeting.
(Discussion generally approved concept of order, felt that more time was necessary to access
possible long range impacts. Mayor expressed willingness to submit such a budget and new
Charter requires it. Matter will be discussed further in new calendar year.)
Received and Placed on File
Order read once and adopted.
Motion to adjourn: 10:35 p.m. Constance E. Perron
City Clerk
256