1999-09-21Regular Meeting of Beverly City Council Sept. 21, 1999
Roll Call; Counci/ors present, Flaherty, Martin, McGlynn, McMahon,
Murray, Rollins, Troubetaris, Van Liere. Councilor Gilmore was absent
Pledge of Allegiance to the Flag; led by Councilor McGlynn
Acceptance of Minutes of Previous Meeting:
Minutes of September 7, 1999
Communications from His Honor the Mayor:
#308
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation the following citizens to serve as
Alternate members of the Zoning Board of Appeal:
Scott Ferguson
2 Palmer Road
Beverly, MA 01915
Effective until October 1, 2003
Andrea Fish
14 Hillcrest Road
Beverly, MA 01915
Effective until October 1, 2004
They will replace Mark Goldberg and Joshua Anderson.
Very truly yottrs,
William F. ScanIon, Jr, Mayor
Referred to Le[al Affairs and Accounts
#267A
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City has received the additional lottery funds mentioned in my September 7 communication (copy
attached) to the Council concerning the Restoration of the High School Track.
I, therefore, request that Order #267 be amended as followed:
1 hereby request a transfer of Two Hundred Twenty Thousand Dollars ($220,000) to account "BHS
Track Restoration" from account "Additional State Aid" instead of"Reserve for Unforeseen."
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Property
#309
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
You will recall transferring $625,000 from the sale of the Hardie School to improvements of the
Briscoe Middle School. The total improvements have a cost of $830,000 as described to you in my
message of September 7th.
I hereby request that the balance of Two Hundred Five Thousand Dollars ($205,000) be transferred
from the recently received additional State Aid Account to the "Briscoe Improvements" account.
I further request that you set up the necessary public hearing regarding this transfer.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Public Service and Aid
#310
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Kathryn Burns, 27 Boardman
Street, Salem, MA 01970, to serve as a member of the Council on Aging.
I further request that the residency requirement be waived in order to appoint Ms. Bums.
Ms. Bums is the Director of Geriatric Services at Beverly Hospital and is extensively involved in the
senior community. Attached is a communication from Thomas Scully, Director of Community
Services, concerning this appointment. Both Mr. Scully and Loslee Breen, Director of the Council on
Aging, feel Ms. Bums would be an asset to the Council.
She will replace Mr. Thomas Saunders whose term has expired and who did not wish to be
reappointed. Ms. Bums' term will be effective until June 30, 2002.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Public Service and Aid
#311
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Robert Marshall, 433 Essex
Street, Beverly, MA 01915, to serve as a member of the Council On Aging.
His term will be effective until June 30, 2002.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Public Service and Aid
#312
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As I explained to you on September 7th, the water and sewer work in and near upper Cabot Sweet as
pan of Phase I of the North Beverly improvements near the Airport has gone over budget. The budget
overrun in the amount of $430,000 is due primarily to the existence of more subsurface rock (granite)
than had been anticipated and thus the requirement for more blasting than anticipated.
The presence of additional rock led to the need to abandon the existing 8" water line first installed in
1904, which broke repeatedly from the shock of blasting. It was thus necessary to connect some 25
homes directly to the new 12" line being installed as pan of the project. The additional blasting also
increased the number of police details required.
Review of the project by Frank Killilea and our consulting engineers, Camp Dresser and McKee, has
determined that 30% of the overrun should be charged against water ($129,000) and the remaining
70% against sewer ($301,000). Please schedule a public hearing at your earliest convenience regarding
this Wansfer.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Property
#313
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to serve as
members of the Local Arts Council:
Ms. Marcia Hermann
44 Baker Avenue
Beverly, MA 01915
Ms. Jan Lewis Plourde
42 Thorndike Street
Beverly, MA 01915
By the enclosed letters you can see that both candidates have expressed an interest in serving as a
member of the Arts Council. Their terms to be effective until April 30, 2002.
Very truly yours,
William F. Scaninn, Jr., Mayor
Referred to Public Service and Aid
Communications from other City Officers and Boards
Communications, Applications and Petitions
#314
Appliction-FortuneTellers Ljcense-Patricia Margaret O' Hara-Nelson, 29 Sunset Drive
Referred to Leaal Affairs and Accounts
#315
Application-Raffle & Bazaar Permit-Endicott College for Las Vegas Night
Referred to Leaal Affairs and Accounts
#316
League of Women Voters request to hang banner across Cabot Street
Referred to Leaal Affairs and Accounts
#317
Claim-Paul & Joan Bonaiuto
Referred to Leaal Affairs and Accounts
#318
Claim-Steve Gonzalez
Referred to Public Service and Aid
Reports from Committees:
#95
The Committee on Finance and Property to whom was referred the matter of Capital
Expenditure Plan FY2000-2004 have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
Order read once and Adooted 8-0 Vote
#230
The Committee on Finance and Property to whom was referred the matter of Minutes
of Beverly Harbor Management Authority roeling of June 3, 1999 have considered
said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order Read once and Adooted 8-0
#235
The Committee on Finance and Property to whom was referred the matter of
Comm from Mass Dept of Revenue re FY2000 Guidelines for Annual Assessment and
Allocation of Tax Levy have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Order read once and adooted 8-0 Vote
://:236
The Committee on Finance and Property to whom was referred the matter of Comm
from Powers and Sullivan re water and sewer issues have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#243
The Committee on Finance and Property to whom was referred the matter of
Communication re acceptance of General Laws Chapter 41 Section 108L (Quinn Bill)
have considered said matter and beg leave to report as follows, to wit:
Refer to Legal Affairs and Accounts
Order read once and adopted 8-0 Vote
#262
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account - Beverly Youth Friends Mentoring Program ($3,200.00) have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
ORDERED; That the Council approve a transfer in the sum of Three Thousand Two
Hundred ($3,200) dollars from account "Reserve for Unforeseen" to account "Beverly
Youth Friends Mentoring Program" as per the request of the Mayor
Said sum of money to be expended under the direction of the Mayor
First Reading: September 7, 1999
Public Hearing: September 20, 1999
Final Passage: September 20, 1999
Order read once and adopted 8-0 Vote
#267A
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account BHS Track Restoration have considered said matter and beg leave to
repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Council approve an mended transfer in the sum of Two Hundred
Twenty Thousand ($220,000.00) Dollars from account" State Lottery Aid" to Account
BHS Track Restoration.
Said sum of money to be expended under the direction of the Building Commission
First Reading: September 7, 1999
Public Hearing: September 20, 1999
Final Passage: September 20, 1999
Order read once and adopted on a Roll Call Vote
Roll Call:
Yea: Fiaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere
Nay:
Absent: Gilmore
://:268
The Committee on Finance and Property to whom was referred the matter of Transfer
To Account Phase 2 of water and Sewer improvements near Bevedy airport
($75,000.00) have considered said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption:
Ordered: That the sum of Seventy Five Thousand ($75,000.00) Dollars be, and the
same is hereby mmsferred from account "Sewer and Water Special Revenue Funds" in
proportion of 2/3 ($50,000) sewer and 1/3 ($25,000) water for improvements neat the
Beverly Airport in accordance with the recommendation of His Honor the Mayor.
First Reading: September 7, 1999
Public Heating: September 20, 1999
Final Passage: September 20, 1999
Order read once and adopted on a Roll Call Vote:
Roll Call:
Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere
Nay:
Absent: Gilmore
#275
The Committee on Finance and Property to whom was referred the matter of Beverly
council on Aging waiver of ordinance-alcohol in Public Building 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 of Beverly council on Aging to waive City
Ordinance Chapter 15, Section 10 to allow alcoholic beverages at the Beverly Senior Center
on October 23 1999 for a Halloween Fundraiser.
Order read once and adopted 8-0 Vote
#276
The Committee on Finance and Property to whom was referred the matter of Minutes
of Beverly Harbor Management Authority meeting of August 5, 1999 have considered
said matter and beg leave to repod as follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
#284
The Committee on Rnance and Property to whom was referred the matter of
Communication from Van Ness Creative Group re use of City Property have
considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
182
#307
The Committee on Finance and Property to whom was referred the matter of Order
re sale, lease, rent or encumbrance of City Property have considered said matter
and beg leave to report as follows:
Submit the accompanying amended order and recommend its adoption
ORDERED: That the City of Beverly shall not sell, lease, rent or otherwise encumber
City Propedy valued in excess of $2,500.00 without City Council approval.
Order read once and adopted 8-0 Vote
:/:/:309
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account Briscoe Improvements have considered said matter and beg leave to
report as follows:
Submit the accompanying amended order and recommend its adoption
Ordered: That the City Council of the City of Beverly will hold a Public Hearing at
7:55 PM on Monday, October 4, 1999 at 191 Cabot Street, Beverly, MA relative to
a transfer in the amount of Two Hundred Five thousand {$2050,000) dollars, from
account "State Aid Account" to "Briscoe Improvements"
First Passage: September 20, 1999
Public Hearing: October 4, 1999
Final Passage: October4, 1999
Order read once and adooted 8-0 Vote
#312
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account Water/Sewer 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 will hold a Public Hearing at 7:50 PM on
Monday, October 4, 1999 at 191 Cabot Street, Beverly, MA relative to a transfer in the mount of Four
hundred thirty thousand ($430,000) dollars, $129,000 from Water and $301,000 ~'om Sewer for the
completion of Phase I of Upper Cabot Street project.
First Passage: September 20, 1999
Public Hearing: October 4, 1999
Final Passage: October 4, 1999
Order read once and adopted 8-0 Vote
#221
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Class II Motor Vehicle Dealers License-Auto Body clinic, 29 River Street
have considered said matter and beg leave to repod as follows:
Recommend the License Be Granted for four (4) Cars (Plot Plan on File)
Order read once and adopted 8-0 Vote
#245
The Committee on Legal Affairs and Accounts to whom was referred the matter of
appointment of School Department Traffic Supervisors as Special Police have
considered said matter and beg leave to report as follows:
Recommend approval of the appoinfments
Order read once and adopted 8-0 Vote
#264
The Committee on Legal Affairs and Accounts to whom was referred the matter of
reappointment of Conservation Commission members David Lang, Richard
Benevento and John Donnelly have considered said matter and beg leave to report
as follows:
Recommend approval of the appointments
Order read once and adopted 8-0 Vote
#265
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Reappointment of Planning Board Members, William Delaney, Joanne Dunn and
John Thomson have considered said matter and beg leave to report as follows:
Recommend approval of the appointments
Order read once and adopted 8-O Vote
#270
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Litigation pending against city have considered said matter and beg leave to report
as follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
#273
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic re Stop Sign - Eaton Ave at Lindsey Ave. have
considered said matter and beg leave to report as fo~lows:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand one 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, Section 86 of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended as follows:
ADD: Eaton Avenue, westbound drivers on Eaton Avenue at Lindsey Avenue
This ordinance to take effect as provided by city Charter
First Reading: September 20, 1999
Final Passage: October 4, 1999
Order read once and held for final adoorion after advertisina 8-0 Vote
#274
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic re Stop Signs in Gloucester Crossing Area have
considered said matter and beg leave to repod as follows:
Submit the accompanying ordinance 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:
Th, at Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended as follows:
ADD:
Gage Street, eastbound ddvers on Gage St at Beckford St
Gage Street, nodhbound drivers on Gage St at Mill St
Grant Street, eastbound ddvers on Grant St at Beckford St
Grant Street, westbound drivers on Grant St at Ropes St
Mill Street, eastbound drivers on Mill St at Beckford St
Mill Street, westbound ddvers on Mill St at Ropes St
Ropes Street, nodhbound ddvers on Ropes St at Simon St
Ropes Street, southbound ddvers on Ropes St at Mill St
Simon Street, westbound drivers on Simon St at Ropes St.
This ordinance to take effect as provided by city Charter
First Reading: September 20, 1999
Final Passage: October 4, 1999
Order read once and held for final adoption after advertising 8-0 Vote
#277
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Planning Board relative to an easement on Grover Street have
considered said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
ORDERED; That the City Council accept the enclosed easement document
which increases the effective width of the Grover Street right-of-way to fifty
feet which will facilitate improvements to Grover Street as per the request of
the Planning Board
Order read once and adopted 8-0 Vote
#282
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim - Jerry Hiltonen have considered said matter and beg leave to repod as
follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#285
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim - Keyin Conner have considered said matter and beg leave to report as
follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#286
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim - Jeffrey and Janet Glew for Son Ryan have considered said matter and beg
leave to report as follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#287
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim - Derik Bates have considered said matter and beg leave to report as follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#288
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim - Holly Rae Harrington have considered said matter and beg leave to report as
follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#289
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim - Melinda Delgado for Cynthia have considered said matter and beg leave to
report as follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 8-0 Vote
#291
The Committee on Legal Aftairs and Accounts to whom was referred the matter at
Application fortune Tellers License - Barbarayn Faircloth have considered said matter
and beg leave to report as followsz
Recommend License be granted Pending approval of the Building Commissioner
Order read once and adopted 7-1 Vote with Councilor Rollins voting against
#292
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Second Hand Junk Dealers License - Sweet Peas Maternity Resale
Boutique, 55 Cabot St. have considered said matter and beg leave to report as
follows:
Recommend License be granted
Order read once and adopted 8-0 Vote
#298
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Environmental Notification Form-Worldwide Fiber, Inc. Hibernia Project have
considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
#301
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re apartment at 858 Hale St. have considered said matter and beg
leave to report as follows:
Receive and Place on File
Order read once and adooted 8-0 Vote
#306
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Deed Restriction - Berrywood Lane have considered said matter
and beg leave to repod as follows:
Submit the accompanying order and recommend its adoption
ORDERED: That the City Council remove the deed restfiction that the "land herein conveyed
shall not be built upon for habitation' on land owned by 3ohn B. Horrigan and Ann B. Horrigan
on Berrywood Lane. This is the same property described in a deed recorded at the Essex
County Registry of Deeds Book 5958 Page 786. The Restriction was placed upon the land by
the City of Beverly Board of alderman October 3.6, 3.972 (Order $593) pending the 3BA
approval for a variance.
Order read once and adopted 8-0 Vote
#57
The Committee on Public Service and Aid to whom was referred the matter of
Outside water meters have considered said matter and beg leave to report as
follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
://:263
The Committee on Public Service and Aid to whom was referred the matter of
Appointment to Airpod Commission, Paul Barnico, William Mahoney and Leo White
have considered said matter and beg leave to report as follows:
Recommend approval of the Appointments
Order read once and adopted 8-0 Vote
#290
The Committee on Public Service and Aid to whom was referred the matter of
Communication for paving of Ellingwood Coud have considered said matter and
beg leave to report as follows:
Receive and Place on File
Refer to City Engineer and Mayor
Order read once and adopted 8-0 Vote
://:266
The Committee on Public Service and Aid to whom was referred the matter of
Appointment of John Burke to serve on Cable TV Advisory Commission have
considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
#279
The Committee on Public Service and Aid to whom was referred the matter of
Petition Mass Electdc for pole in Common Lane have considered said matter and
beg leave to repod as follows:
Recommend the Petition be granted
Order read once and adopted 8-0 Vote
#280
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Mass Electric for conduit in Wellman and Congress Streets have
considered said matter and beg leave to report as follows:
Recommend the Petition be granted
Order read once and adopted 8-0 Vote
#281
The Committee on Public Service and Aid to whom was referred the matter of
Petition Bell Atlantic for Conduit in Sam Fonzo Drive have considered said matter and
beg leave to report as follows:
Recommend the Petition be granted
Order read once and adopted 8-0 Vote
://:297
The Committee on Public Service and Aid to whom was referred the matter of
Communication from Mass Dept of Talecommunications and Energy relative to
Public utilities have considered said matter and beg leave to repod as follows:
Receive and Place on File
Order read once and adopted 8-0 Vote
#299
The Committee on Public Service and Aid to whom was referred the matter of
Request to use city Sidewalk for repairs to 267 Rantoul Street have considered said
matter and beg leave fo report as follows:
Submit the accompanying order and recommend its adoption
ORDERED: That the City Council approve the request of Byron Jones of C & B Image
painting to use the city sidewalk at 267 Rantoul Street for repair of the building. Proper
insurance has been provided.
Order read once and adopted 8-0 Vote
Unfinished Business:
Resolutions:
#319
100th Bidhday Congratulations
City Council
City of Beverly, Massachusetts
Elsie Scott
Be it known that the City Council of the City of Beverly, Massachusetts, offers its
sincere congratulations to Elsie Scott on the occasion of her 100th Birthday;
The entire membership extends its very best wishes for a Happy Birthday and
many more years of happiness and good fortune.
Receive and Place on File 8-0 Vote,
Motions and Orders:
Meeting adjourned: 9:00 PM
Frances A. Macdonald, CMC
City Clerk