1999-12-067:15 PM #43 A Joint Public Hearing re Zoning Ordinance
Referred to Planning Board
7:45 PM #363 A Public Headng re Transfer to Account LED Traffic Signals ($27,325)
Referred to Finance and Property
7:55 PM #377 A Public Hearing re Transfer to Account Cib/Clerk Recount ($7,000)
Referred to Finance and Property
7:58 PM #384 A Public Hearing re Petition Mass Electric for pole and conduit in Park Street
Referred to Public Service and Aid
Regular Meeting of Beverly City Council Dec. 6, 1999
Roll Call: All Councilors were present
Pledge of Allegiance to the Flag; Led by Councilor Van Liere
Acceptance of Minutes of Previous Meeting:
Amended Minutes of November 15, 199<]
Communications from His Honor the Mayor:
#393
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination
Agreement for property owned by Mr. and Mrs. John Doyle, 5 Blaine Avenue, Beverly, MA 01915.
Attached is a communication from Dawn Goodwin, Community Developmere Director, concerning this
request.
Very truly yours,
William F. Scanion, Jr. Mayor
Referred to Legal Affairs and Accounts
#394
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a ~'ansfer of Forly-Three Thousand Dollars ($43,000) to account "Purchase of Fire
Deparffnent Forestry/Squad Truck" fi'om account "Reserve for Unforeseen Expenditures." Said sum of
money to be expended under the direction of the Commissioner of Public Safety.
Attached is a communication from Commissioner Pelonzi concerning this request.
Very tculy yours,
William F. ScanIon, Jr. Mayor
Referred to Finance and Pronetry
#395
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council take a first reading this evening on all necessary orders so
that the orders can be completed before the end of the year and this City government.
Very truly yours,
William F. ScanIon, Jr. Mayor
Receive and Place on File
#396
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Timothy Mezza, 50 Rantoul Street,
Unit ~406, Beverly, MA 01915, as a permanent, full-time Police Office with the Beverly Police
Department effective December 6, 1999.
Very truly yours,
William F. ScanIon, Jr. Mayor
Refer to Public Service and Aid
#397
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Robert G. Richardson, 22
Washington Street, Beverly, MA 01915, to serve as a Trustee of the David Lynch Fund. His term will
be effective until September 30, 2004.
Mr. Richardson will replace Mr. Gordon T. Richardson whose term has expired and who asked not to
be re-appointed. Attached is a communication ~'om Thomas Scully concerning this appointment.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Public Service and Aid
#398
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve as
members of the Parks and Recreation Commission:
Mr. Bruce Doig
41 Pratt Avenue
Beverly, MA 01915
Mrs. Elizabeth Caputo
137 McKay Street
Beverly, MA 01915
Their appointtnents will be effective until December 31, 2003.
Very truly yours,
William F. ScanIon, Jr. Mayor
Referred to Public Service and Aid
#399
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as a
member of the Parks and Recreation Commission:
Mr. Mark Casey
16 Chapman Street
Beverly, MA 01915
He will replace Mr. Albert Churchill, Jr., who has resigned. Mr. Casey's term will be effective until
December 31, 2001. Attached is a letter from Thomas Scully concerning this request.
Very truly yours,
William F. ScanIon, Jr. Mayor
#400
December 6, 1999
Honorable City Cotmcil
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Lauren Young, 32 Lothrop Street,
Beverly, MA 01915 to serve as a Trustee of the David S. Lynch Fund. A communication from
Thomas Scully concerning this appointment is attached.
She will fill the tinexpired term of Mr. Harold Leonard. Her term will be effective until September 30,
2003.
Very truly yours,
William F. ScanIon, Jr. Mayor
Referred to Public Service and Aid
#401
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a n"ansfer of Five Thousand Dollars ($5,000) to account "Charter Commission" from
"Reserve for Unforeseen Expenditures." Said sam of money to be expended under the direction of the
Charter Commission.
Attached is a communication fi'om City Clerk Fran Macdonald concerning this request.
Very truly yours,
William F. ScanIon, Jr. Mayor
Referred to Finance and Pronertv
#402
December 6, 1999
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a transfer of Four Thousand Dollars ($4,000) to account "Purchase of Middle School
Computers" ~'om account "Reserve of Unforeseen Expenditures." Said sam of money to be expended
under the direction of the School Department.
Artached is a letter from Beverly School Technology Director, Judy Miller, concerning this request.
Very truly yours,
William F. ScanIon, Jr. Mayor
Referred to Finance and Prooert~
Communications from other City Officers and Boards
#403
Beverly City Council
191 Cabot Street
Beverly, MA
Dear Honorable Council:
RED: Cherry Hill Drive: Recommendation regarding acceptance plans/The Flatley
Company
At a meeting of the Beverly Planning Board held on Tuesday, November 16, 1999
members of the Board voted unanimously to recommend to the City Council that the
roadway known as Cherry Hill Drive be accepted as a City street, and that the
acceptance plans filed with the Board be accepted by the City as well.
Respectfully
Richard Dinkin, Chairperson
Referred to Leaal Affairs and Accounts
#404
Beverly City Council
191 Cabot St.
Beverly, MA
RE: Planning Board recommendation on acceptance of certain ways as City streets
Dear Honorable Council:
At a meeting of the Beverly Planning Board held on Tuesday, October 19, 1999,
members of the Planning Board voted unanimously to recommend that the City
council accept roadway acceptance plans for the ways known as Chapel Hill Ddve
and Access Road Extension, and to accept those roadways as City Streets.
All Construction work in these subdivisions has been completed to the satisfaction of
both the Planning Board and the city Engineer. Copies of City Engineer Frank Killilea's
approval letters are attached to this letter for reference.
If you have any questions regarding the Board's votes on these matters, please feel
free to contact Planning Director Tina Cassidy at 921-6000, Extension 173.
Respectfully,
Richard Dinkin
Chairperson
Referred to Leaal Affairs and Accounts
#405
City of Bevedy
191 Cabot St.
Bevedy, MA
RE: Winthrop's Grant Subdivision: Recommendation to City Council regarding
roadway and utility easements
Dear Members of the Council
At a meeting of the Beverly Planning Board held on Tuesday, November 16, 1999,
members of the Board voted unanimously to recommend to the City Council that the
attached roadway and utility easements for the Winthrop's Grant subdivision be
accepted on the City's behalf. The subdivision has been constructed in accordance
with the plans approved by the Planning Board and the construction work itself has
been approved by the City's Engineering Department.
Respectfully,
Richard Dinkin, Chairperson
Referred to Leaal Affairs and Accounts
#406
Honorable City Council
City Hall
Beverly, MA 01915
Dear Council:
RE Request for Stop Signs, Off Hull Street
We have been asked to look into the possibility of placing STOPO signs on several side
streets that intersect with Hull Street. We have investigated these location and
determined they meet the warrants and stop signs should be placed at the following
locations.
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: Millbrook Rd, southbound drivers on Millbrook Road at Hull St.
Desmond Rd, southbound drivers on Desmond Rd at Hull St.
Wentworth Dr, northbound drivers on Wentworth Dr. at Hull St.
Noble Hill Rd, northbound drivers on Noble Hill rd. at Hull St.
Centerville School Driveway, nodhbound drivers exiting the Centerville
School Lot at Hull Street
Very truly yours,
Dennis O. Tarsoak, Traffic Sergeant
Referred to Leaal Affairs and Accounts
#407
Honorable City Council
City Hall
Beverly, MA 01915
Dear Council:
RE Request for Stop Sign, Abbott Street at Cabot Street
We have been asked to look into the possibility of placing a STOP sign on Abbott
Street at Cabot Street at the intersection of Cabot Street. We have investigated
these location and determined they meet the warrants and stop signs should be
placed at the following locations:
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 sign:
ADD: Abbott St., westbound drivers on Abbott St. at Cabot St.
Very truly yours,
Dennis O. Torsook, Traffic Sergeant
Referred to Leaal Affairs and Accounts
#330
The Honorable City Council
191 Cabot Street
Beverly, MA
RE: Acceptance of property at the end of Hillcrest Avenue
Dear members of the Council:
I respectfully request that your Honorable Board reconsider the language it used to
approve the above-referenced Order.
In response to my letter dated September 28, 1999(attached) the Council voted on
October 18, 1999 "...to accept Hillcrest Avenue and Upland Road of the Winthrop's
Grant subdivision."
The approval should have read "...to accept the deed to Parcel "B" of the
Winthrop's Grant subdivision." The Planning Board required the developer of this
subdivision to deed this parcel to the City when it originally approved the pro]eel
back in 1998.
Please feel free to contact me at 921-6000 ext. 173 if you have any questions.
Respectfully,
Tina P. Cassidy, Director
Planning and Development Department
Referred ~o Leaal Affairs and Accounts
#408
Honorable City Council
City Hall
Bevedy, MA 01915
Dear Honorable Council:
The Board of Assessors is in the process of completing its compilation of a full and fair
Cash valuation of real and personal property in the City of Beverly for Fiscal Year 2000.
It is anticipated that such process will be completed shortJy.
With the new values certified by the Department of Revenue, it will then be
necessary to conduct a Public Hearing to consider classification issues within the City.
The Board of Assessors will present information at the Public Hearing which will allow
the Council to set a Minimum Residential Factor. The Minimum Residential Factor is
then used to set the tax rates for the various classifications of property for Fiscal 1000.
I request the Council schedule such Public Hearing for the evening of December 20,
1999 and plan to take a final vote on these classification issues on the same date.
The Board of Assessors expect to have the classification information available for
distribution to you within the next week.
Thank you for your cooperation
Very truly yours,
John P. Dunn, Finance Director
Referred to Finance and Property
Communications, Applications and Petitions
#409
Communication from Depadmenf of Revenue re final enactment of FY2000 state
budget, and pursuant to Chapter 58 of the MGL-Notification of estimated amounts to
be received
Referred to Finance and ProDertv
#410
Communication from Sunoco, Inc. re purchase of Best Petroleum station, 437 Rantoul
Street
Receive and Place on File
#411
Application Limo Express, 70 Brimbal Ave.
Referred to Leaal Affairs and Accounts
#412
Application-Second Hand Junk Dealers License-Joan Berglund, d/b/o Atomic Candy
204 Ranfoul Street
Referred to Leaal Affairs and Accounts
#413
Claim-Sandra Bell, 19 Wedgemere Road
Receive and Place on File
#414 Late File
Request for Sewer Abatement-Gary Richard, 20 Nursery St.
Referred to Public Service and Aid
Reports from Committees:
#345
The Committee on Finance and Properly to whom was referred the matter of Transfer
to Account LED Signals 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 approve a transfer in the amount of twenty seven thousand
three hundred twenty five ($27,325) Dollars from account "Reserve for Unforeseen" to
account "LED Traffic Signals".
Said sum of money to be spend under the direction of City Electrician Ed Comeau,
First Passage: November 15, 1999
Public Hearing: December6, 1999
Final Passage: December 6, 1999
Order read once and Adopted 9-18-0 Vote
#377
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account City Clerk-Recount 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 approve a transfer in the amount of Seven Thousand
($7,000) Dollars to account "City Clerk-Elections -Inspectors" from account "Reserve for
Unforeseen".
Said sum of money to be spent under the direction of City Clerk Frances A. Macdonald.
First Passage: November 15, 1999
Public Hearing: December6, 1999
Final Passage: December 6, 1999
Order Read once and Adopted 9-0 VOTE
#380
The Committee on Finance and Property to whom was referTed the matter of Surplus
items-Beverly Public Schools 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 approve the request from the Beverly School Committee to
declare the following as surplus
1. 1986 Int./Carpenter School Bus VIN#1HVLNHGM7GHA55138
2. 1986 Int./Carpenter Scholl Bus VIN#1 HVLNHGMXGHA55179
Order read once and adooted %0 Vote
://:392
The Committee on Finance and Property to whom was referred the matter of Beverly
Public Schools Surplus Items 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 approve the request from the Bevedy School Committee to
declare the following as surplus property.
2 Snowblowers (inventory numbers 03658 & 03659)
Order read once and adopted 9-0 Vote
#394
The Committee on Finance and Propedy to whom was referred the matter of
Transfer to Account Purchase of Fire Dept. Forestry/Squad Truck have considered
said matter and beg leave to repod as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, December
20, 1999 at 7:50 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding transfer to
account "Purchase of Fire Department Forestry/Squad Truck" from account "Reserve for Unforeseen
Expenditures" in the amount of Forty Three Thousand ($43,000) Dollars
First Passage: December6,1999
Public Hearing: December20, 1999
Final Passage: December20, 1999
Order read once and adopted 9-0 Vote
#401
The Committee on Finance and Propedy to whom was referred the matter of Transfer
To Account Charter Commission have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, December
20, 1999 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding transfer to
account "Charter Commission" from Reserve for Unforeseen Expenditures in the amount of five
thousand ($5,000) Dollars.
First Passage: December 6, 1999
Public Hearing: December20, 1999
Final Passage: December20, 1999
Order read once and adopted 9;0 Vote
#402
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account Purchase of Middle School Computers have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, December
20, 1999 at 7:55 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding transfer to
account "Purchase of Middle School computers" from Reserve for Unforeseen Expenditures in the
amount of four thousand ($4,000) Dollars,
First Passage: December6, 1999
Public Hearing: December20, 1999
Final Passage: December20, 1999
Order read once and adopted 9-0 Vote
#408
The Committee on Finance and Property to whom was referred the matter of Setting
of Minimum Residential Factor for tax rate FY2000 have considered said matter and
beg leave fo report as follows, fo wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the City Council of the City of Beverly hold a public hearing on Monday,
December 20, 1999 at 7:00 PM in Council Chambers, 191 Cabot Street, Beverly MA
regarding Minimum Residential Factor used to set tax rates for various classifications of
property for Fiscal 2000.
First Passage: December 6, 1999
Public Hearing: December 20, 1999
Final Passage: December20, 1999
Order read once and adopted 9-0 Vote
#330
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication relative to wording of order 330 have considered said matter and
beg leave to report as follows:
Submit the accompanying order and recommend its adoption
ORDERED: That the City Council order 330 be amended to read "That the City
Council accept the deed to parcel "B" of the Winthrops Grant Subdivision
Order read once and referred back to Committee on Leaat Affairs and Accounts
%0 Vote
#378
The Committee on Public Service and Aid to whom was referTed the matter of
Appointment of Elizabeth McGlynn to the Planning Board have considered said
matter and beg leave to report as follows:
Recommend the Council approve the Appointment
Order read once and adopted 9-0 Vote
#381
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request for Executive Session for possible resolution of outstanding litigation have
considered said matter and beg leave to report as follows:
Refer to the Committee of the Whole
Order read once and adopted 9-0 Vote
#383
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Chief Assessor re 121A Agreement with JT Associates (Civil
Action) have considered said matter and beg leave to report as follows:
Refer to the Committee of the Whole
Order read once and adopted 9-0 Vote
#388
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from MA Highway re Special Speed Regulation #7755 have
considered said matter and beg leave to repod as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request from MA. Highway regarding the
Special Speed Regulation #7755 and that the following speed limits are established at which
motor vehicles may operate in the areas described below
Boyles Street - Eastbound
Beginning at the Junction of Foster and Cole St. thence easterly on Boyles St.;
0.774 miles at 20 miles per hr. ending at the junction of route 127 (Hale St.) the total
distance being 0.74 miles.
Boyles St. - Westbound
Beginning at the junction of Route 127 (Hale ST.); thence westerly on Boyles St.
0.74 miles per hr. ending at the junction of Foster St. and Cole St.; the total distance
being 0.74 miles
Order read once and adopted 9-0 Vote
://:406
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic Stop Signs off Hull Street have considered said
matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
In the year one thousand nine hundred and Ninety Nine
AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re Obedience to
isolated stop signs
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section96 of the Revised Ordinances of the City of Beverly, 1989, be, and
the same is hereby amended as follows:
ADD: Millbrook Rd, southbound drivers on Millbrook Road at Hull St.
Desmond Rd, southbound drivers on Desmond Rd at Hull St.
Wentworth Dr, northbound drivers on Wentworth Dr. at Hull St.
Noble Hill Rd, northbound drivers on Noble Hill rd. at Hull St.
Centerville School Driveway, northbound drivers exiting the Centerville
School Lot at Hull Street
This ordinance to take effect upon passage according to City Charter.
First Passage: December 6, 1999
Final Passage: December 20, 1999
Ordinance read once and held for final Dassaae as per City Charter 9-0 Vote
#407
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic Stop Sign Abbott Street have considered said
matter and beg leave to repod as follows:
Submit the accompanying order and recommend its adoption
In the year one thousand nine hundred and Ninety Nine
AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re Obedience to
isolated stop signs
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section96 of the Revised Ordinances of the City of Beverly, 1989, be, and
the same is hereby amended as follows:
ADD: Abbott Street, westbound driver on Abbott Street at Cabot Street
This ordinance to take effect upon passage according to City Charter.
First Passage: December 6, 1999
Final Passage: December 20, 1999
Ordinance read once and held for final Dassaae as per City Charter 9-0 Vote
#233
The Committee on Public Service and Aid to whom was referred the matter of
Request for Water/Sewer Abatement 8-10 Porter Street have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#234
The Committee on Public Service and Aid to whom was referred the matter of
Request for Water/Sewer Abatement 11 Highland Avenue have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#369
The Committee on Public Service and Aid to whom was referred the matter of
Request for Water/Sewer Abatement Kenneth Savory have considered said matter
and beg leave to repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council deny the request for a water abatement @ 10-12
Pond Street for Mr. Kenneth Savory
Order read once and adopted %0 Vote
#382
The Committee on Public Service and Aid to whom was referred the matter of Salem-
Bevedy Water Supply Board Volume Report have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#386
The Committee on Public Service and Aid to whom was referred the matter of Comm
from Dept of Environmental Mgmt. RE Heritage Tree Care Grants have considered
said matter and beg leave to repod as follows, to wit:
Receive and Place on File
Copy to P. Klimowicz
Order read once and adopted 9-0 Vote
#384
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Mass Electric for A SO Pole and conduit in Pork Street hove considered said
matter and beg leave to repod as follows, fo wit:
Recommend the Petition be granted
Order read once and adopted %0 Vote
#381
The Committee of the Whole to whom was referred the matter of City Solicitor
authorization to settle case have considered said matter and beg leave to repod as
follows, to wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the City Solicitor is authorized to settle the case ofBurchstead vs. the
City of Beve~y on the terms proposed in the Executive Session of the Committee of
the Whole
Order read once and adopted 9-0 Vote
#384
The Committee of the Whole to whom was referred the matter of Comm from Chief
Assessor re 12t A Agreement with JT Associates have considered said matter and beg
leave to repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Solicitor is authorized to settling the pending litigation with JT
Associates on the following terms:
1. That JT Associates may be released from the121A Agreement
2, That no money be paid to JT Associates
3. That there will be no change in the rent subsidy structure at Jaclen Towers
4. That any savings realized by JT Associates as a result of its release from the
121A Agreement be used solely for repair and maintenance of Jaclen Towers
Order read once and adopted 9-0 Vote
Unfinished Business:
Resolutions:
Motions and Orders:
Meeting adjourned: 9:30 PM Frances A. Macdonald, CMC
City Clerk