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1994-02-07RECORDS OF THE BOARD OF ALDERMEN REGULAR MEETING OF THE BEVERLY CITY COUNCIL: FEBRUARY 7, 1994 ROLL CALL: All members of the Council were present. PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Golin. ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS: Accepted by 8-0 Vote CONFIRMATIONS: The following appointments were confirmed: Appointment-Constables for Health Department-J. Welsh, L. Panunzio, J. Reale APPOINTMENTS: Chief Assessor-Thomas Holmes Board of Health-Dr. Frank Carbone Collector/Treasurer-Judith Mulligan City Physician-Russell Rowell COMMUNICATIONS FROM HIS HONOR THE MAYOR: Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Homotable Council: There are eight employees of the Beverly Municipal Employees Association working in City Hall who were promised increases in grade and pay as a result of Early Retirements. These promises were made by the former Mayor and City Solicitor. This Union twice filed for Arbitration and cancelled same because of promises msde by t~e Mayor. Although not a perfect answer and in the intezest of fairness, I recommend that these increases and retroactive pay be granted. A net increase in appropriation of $2,074.00 is required to effect these changes. I hereby request a transfer of Seven Thousand Seven Hundred Seventy-Three Dollars and Eighty-three Cents ($7,773.83) from account "Reserve for Further Salary Adjustments" to the following accounts: DPW-Salaries Col/Trees- Salaries Electrician-Salaries City Clerk-Salaries $1,093.23 2,220.56 1,677.36 2,782.67 $7,773.83 Said sum of money to be expended under the direction of the various department heads. Attached is a communication from Gerry Marsella, President of the Beverly Municipal Employees Association concerning this request. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property RECORDS OF THE BOARD OF ALDERMEN February 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Twelve Thousand Dolalrs ($12,000.00) to account "City Clerk- Mailing Machine" from account "Further Payroll Adjustments." Said sum of money to be expended under the direction of the City Clerk. Attached is a coumuunication from Constance Perton concerning the need for this request. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property Feb. 7, 1994 Homorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Eight Thousand Five Hundred Dollars ($8,500.00) to account "City Clerk-Elections" from account "Further Payroll Adjustments." Said sum of money to be expended under the direction of the City Clerk. Attached is a communication from Constance Perton regarding this request. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property. Feb. 7, 1994 Honorable City Council City Hall Beverly, MA Dear Honorable Council: I hereby request a transfer of twelve thousand dollars ($12,000.00) to account "Electrician- Principal Clerk" from account "Traffic Signals-Signal Maintainer." Said sum of money to be expended under the direction of the City Electrician. Attached are communications from Frederick Young concerning this request. Very truly yours. William F. Scanlon, Jr. Mayor Referred to Finance and Property. Feb. 7, 1994 Honorable City Council City Hall Beverly, MA01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the establishment of a new position entitled "Retirement Clerk/Floater" as per the attached couuuunication from Donald Young, Fin. D~ I further request that your Honorable Council authorize the filling of said position. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property RECORDS OF THE BOARD OF ALDERMEN February 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the establishment of a new position entitled "Telephone Operator-General Clerk" as an entry level clerical position. Because of the large amount of interest sho~rn in this position, it will not be necessary to advertise. I further request that your Honorable Council authorize the filling of said position. Very truly yours, William f. Scanlon, Jr. Mayor Referred to Finance and Property Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council adopt the following order as per the attached communication from Finance Director Donald B. Young: Ordered: That $734,830 is appropriated for the purchase and installation of computer hardware and software incident thereto; that to meet this appropriation the 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 $734,830 under G. L. C. 44 Sections 7 (28) and 7 (29); and that all bonds or notes issued hereunder shall be certified to in writing as to their genuiness by Shawmut Bank, N. A. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request your Honorable Board authorize the Mayor to hire a full-time replacement for th position of Parking Clerk as per the attached communication from Mrs. Judith Mulligan, Collector Treasurer. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property RECORDS OF THE BOAan OF ALDERMEN Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council; I hereby request a t~ansfer of Five Thousand Six Hundred Eighty-One Dollars and Fourteen Cents ($5681.14) to account "Finance Director-Telephone Operator" from account "Reserve for Further Payroll Adjustments. Said sum of money to be expended under the direction of the Finance Director. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Three Thousand Four Hundred Dollars ($3400) to account "Finance Director-Retirement Clerk/Floater" from account "Reserve for Further Payroll Adjust- ments." Said sum of money to be expended under the direction of the Finance Director. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property February 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your confirmation, the following citizens to serve as memebers of the Beverly Planning Board: James Manzi-Effective until Dec. 31, 1996 24 Clifton Ave, Beverly William Delaney-Effective until Dec. 31, 1995 201 E. Lothrop St., Beverly Very truly yours, William F. Scanlon, Jr. Mayor Laid over for Confirmation RECORDS OF THE BOARD OF ALDERMEN Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your confirmation, the following citizens to serve as members of the Beverly Planning Board: Ann P. Mahoney, 7 Eagle Lane until Dec. 31, 1996 D. Steve Papa, 12 Blake St. until Dec. 31, 1996 The will replace Marguerite Couglin and Dinae McGlynn. John Thomson, 2 Marshall Rd, until Dec. 31, 1995 Derek J. Cavanaugh, 100 Hart St. Until Dec. 31, 1994 They will replace Charles Grimes who has resigned and Michael Byrne who has resigned. Very truly yours, William F. Scanlon, Jr. Mayor Laid over for Confirmation Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your confirmation, Mr. Clayton G. Small, III 23 Lexington Dr. Beverly, to serve as a member of the Beverly Conservation Commission His term will be effective until June 30, 1996 Very truly yours, William F. Scanlon, Jr. Mayor Laid over for Confirmation Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable council: I hereby appoint, subject to your confirmation, the followirgcitizens to serve as members of the Beverly Conservation Comamission: David J. Lang, 14 Old Town Road, until June 30, 1996 He will replace Alix de Seife Small. Mayo Johnson, MD, 256 E. Lothrop St. until June 30, 1994 He will replace Joseph Manzi who has resigned Very truly yours, William F. Scanlon, Jr. Mayor Laid over for Confirmation RECORDS OF THE BOARD OF ALDERMEN Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your confirmation, the following citizens to serve as memebers of the Beverly Harbor Management Authority: Gerald E. LaCombe, Chairman, 8 Thoreau Cr. Effective until Dec. 31, 1995 George Whitney, 5 Congsell Ave. Effective until Dec. 31, 195 Michael F. Lins, 59 Dane St. Effective until Dec. 31, 1995 The will replace Gregory Ward, Nell Desmond & Gregory Senko Charles R. Zarba, 17 Thoreau Cr, Effective until Dec. 31, 1994 John A. Gallo, 9 Hatwood St. Effective until Dec. 31, 1994 The will replace James Trask and Richard Goldberg. Very truly yours, William F. Scanlon, Jr. Mayor Laid over for confirmation Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your confirmation the following citizens to serve as members of the Beverly Harbor Management Authority: Robert Perton, 8 Bass River Rd. Effective until Dec. 31, 1995 Charles Raymond, 54 South Ter. Effective until Dec. 31, 1995 Alice Burns, 12 Museum Rd. Effective until Dec. 31, 1994 Jomes Simpson, Juniper St. Effective until Dec. 31, 1994 Very truly yours, William F. Scanlon, Jr. Mayor Laid over for Confirmation Feb. 7, 1994 Honorable City council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your confirmation, the attached list of Emhart Industries, Inc. personnel, to serve a Special Police for the property at 181 Elliott St. for the year 1994. Attached is a communication from Bruce F. Paul, Director of Facilities and a recommendation from Police Chief John Finnegan concerning these appointments. Very truly yours, William F. Scanlon, Jr. Mayor Laid over for Confirmation RECORDS OF THE BOARD OF ALDERMEN Jan. 25, 1994 Hon. Mayor and City Council City Hall Beverly, MA Dear Mayor and City Councilors. RE: permission to refil a clerical position. In keeping with the enclosed policy instruction dated Aug. 1992, I am here in requesting permission to fill a clerical position in the office of the City Electrician. The position of Secretary-administrative assisitant was vacated 13 months ago due to Early retirement. I pro- pose to fill the vacandy with an inter-departmental transfer at a reduced grade to Senior Clerk at an annual savings of $4,500.00. The duties include the issuing and record-keepint of about 900 electrical permits and 1200 inspections related violation letters plus compliance requirements for all electrical installations. The monthly bill schedules and records pertaining to the expenses and maintenance for the following: 1. 23 intersections of electric traffic signals. All City-owned fire alarms signaling equipment including 23 miles of cable and several hundred fire alarm boxes, sprinkler test plub-outs, quarterly insurance tests, etc. 3. Monthly payroll and related records and updating of the 330 street lights operated by Mass Electric 4. Any and all other clerical duties that may be imposed relative to electrical responsibility in Chapter 7 of the ordinance fo the City of Beverly. This has been a full-time position for the past 40 years and is still growing in scope. of the record-keeping and scheduling is mandated by law and must be accompished within a specified time frame. Much It is very important that these schedules and records continue to be maintained by the City in a timely manner in order to avoid liabilities. There are other personnel shortages in the Electrical Dept, however I consider this position to be a priority at this time to continue to provide the above services and ask each of you for your support in this matter. Thank you for your consideration and if there is any further information I can provide, please call me. Very truly yours, Frederick T. Young City Electrician Referred to Finance and Property Jan. 27, 1994 Beverly City Council City Hall Beverly, Ma Dear Honorable Councilors, Please be advised that account #01-244-5240 Maintenance of Apparatus, has be expended to nearly the 85% cap. The account was budgeted for $30,000.00 with a cap of $25,000.00. To date $24,131,96 has been expended. I respectfully reques to be allowed to exceed the capped figure. Maintenance of apparatus is critical to the operation of the Fire Dept. As you can see, this account will be in deficit prior to years end. Your direction is necessary as to my options to ensure that no apparatus or station be put out of service. Your immediate attention to this matter is greatly appreciated. Very truly yours, Kenneth Pelonzi - Referred to Finance and Property RECORDS OF THE BOARD OF ALDERMEN Jan. 27, 1994 City Council City Hall Beverly, MA Dear Honorable Council: The Beverly Public Library Building Commission has reviewed the matter of assessing fines against contractors on the Library construction project who did not comply with the local hiring ordinance. The Building Commission recommends that no fines be assessed. The Building Commission also recommends that should you concur with this recommendation, you notify each contractor and subcontractor in sriting so that they may recover any monies that the general contractor may have wethheld from them in anticipation of fines. Sincerely, John Coogan, Chairman Library Building Commission Referred to Legal Affairs and Accounts Jan. 27, 1994 Board of Aldermen City of Beverly Dear Board Members: I hereby recommend that the following be issued a Drain Layers License: A-Aachen City Wide Plumbing, Inc. 335 Washington St. Suite 161 Woburn, MA Very truly yours, George J. Zambouras CPW Referred to Legal Affairs and Accounts. Jan. 31, 1994 Board of Aldermen City Hall Beverly, MA 01915 Honorable Board Please find attached a claim from Mr. Eric Fowler of 2 Prescott St., Beverly, a Civil Defense volunteer for the City of Beverly who was injured on Sunday, Sept. 12, 1993 during a duly authorized training exercise that was being held by the City of Beverly. The State Emergency Management Agency will cover all of Mr. Fowlers medical expenses ($186.77) plus $35.00 per week ($105.00) for a total state reimbursment of $291.77. I am recommending that the City reimburse Mr. Fowler for the difference in the amount of ,1,455.00. This is a second request. Thank You, Sincerely, Mark Foster, CD Director Referred to Legal Affairs and Accounts RECORDS OF THE BOARD OF ALDERMEN Feb. 7, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the attached Annual Beano Report for the year 1993 from St. Mary's Beano, 13 Chapman St., Beverly, MA 01915 Very truly yours, William F. Scanion, Jr. Mayor Receive and Place on File COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: Feb. 2, 1994 City Council Dear Counselors, Over the past few years, I believe the professional managers of this city have been a valuable but neglected resource. I am encouraged to see signs that this is already changing. I realize there are many larger issues besides those that directle affect me and my department. But, I hope the council will come to understand, that addressing some of these smaller issues may be crucial to solving the city's larger problems. I would appreciate your consideration in reappointing me as your Chief Assessing Officer. Sincerely, Thomas A. Eolmes Chief Assessor Receive and Place on File. Feb. 2, 1994 Honorable City council Dear Councilors, I respectfully request reappointment to the position of City Clerk for an additional two year term. I regret that I am unable to attend the meeting of the Council on Feb. 7, 1994. will be present at the next meeting on Tuesday, Feb. 22, 1994. Since you may have questions concerning this position, I certainly understand if you choose to hold the appointment until I return. Thank you for your consideration of this matter. Very truly yours, Constance E. Perton City Clerk Receive and Place on file. Jan. 31, 1994 City Council City Hall Dear Councilors, I am writing to request reappointment to the position of Collector-Treasurer for the term of two years. Thank you for your consideration. Yours truly, Judith A. Mulligan Collector/Treasurer Received and Place on File RECORDS OF THE BOARD OF ALDERMEN Feb. 2, 1994 Coherence E. Perton City Hall Beverly, MA Dear Mrs. Perton Pursuant to Chapter 111, Section 28 of the Massachusetts General Laws the Board of Health herein submits its Annual Report for the year 1993. Enclosed for your review and information is the Annual Report, compiled by program areas. We hops that this report and its components will provide you with a better understanding of the day to day duties fo the Department and its employees. Very truly yours, Beverly Board of Health Joseph W. Welsh Received and Place on File. COMMUNICATIONS, APPLICATIONS AND PETITIONS: Comm. from The Larcom Project re Blocking sidewalk at 7-11 Wallis St. Referred to Public Service and Aid. North Shore Technical High School Annual Report Received and Placed on File Co~mn. from No Shore Tech High School Receive and Place on File Communication from Turning Point, Inc. requesting to have fees waived for inspections to buildings. Referred to Legal Affairs and Accounts. Petition-New England Telephone for conduits for better service for City Hall Referred to Public Service and Aid. Application Class III MVDL McNeils Auto Body and Radiator Referred to Legal Affairs and Accounts Application to dig Sea Worms-Bertram W. Fawson Referred to Legal Affairs and Accounts Claim= Shirely MacCormack Referred to Legal Affairs and Accounts Sewer Abatement-Bob Campbell Referred to Public Service and Aid. RECORDS OF THE BOARD OF ALDERMEN Claim-Darcia M. Sadoski Referred to Legal Affairs and Accounts. Claim- Geroge L. Skelley Referred to Legal Affairs and Accounts. REPORTS FROM COMMITTEES: The Committee on Finance and Property to whom was referred the matter of Police Dept. request to establish Revolving Fund for Snow emergency/Parking Ban receipts have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying order and recommend its adoption. ORDERED: That a Revolving Fund, as authorized under the provision of Massachusetts General Laws Chapter 44, Section 53 Et be, and the same is hereby established for snow emergencies/parking ban receipts, as recommended by His Honor the Mayor. Said revolving fund to be administered by the Commissioner of Public Works, as outlined in his attached communication. Order read once and returned to the Committee on Finance and Property The Committee on Finance and Property to whom was referred the matter of Mass Public Emplgyees Retirement Administration re Required FY95 Appropriation to fund pension system 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 Finance and Property to whom was referred the matter of Mayors request to fill position of Assistant Auditor 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 fill the position of Assistant Auditor at an annual salary of $27,694.00 Order read one and adopted. The committee on Finance and Property to whom was referred the matter of Trans. to Acct. "Finance Director-Telephone Operator" have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying order and recommend its adoption ORDERED: Approve a transfer of $5,681.14 from Account "Reserve for Further Payroll Adjustments" to Finance Director-Telephone Operator. Order read once and laid over under charter provisions and passed to a second reading. RECORDS OF THE BOARD OF ALDERMEN The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance- Motor Vehicles and Traffic, 2 Hour Parking Gardner St. have considered said matter and beB leave to report as follows, to wit: Submit the Accompanying ordinance and recommend its adoption. In the hear one thousand nine hundred and Ninety Four An ORDINANCE amending an ordinance entitled "Motor Vehicles and Traffic" relative to Two-Hour Parking Be it ordained by the board of aldermen of the city of Beverly as follows: That Chapter 14, Section 126 of the Revised Ordinance of the City of Beverly, 1989, be and the same is hereby amended by adding thereto the following: "ADD: Gardner Street, southerly side from Essex Street one hundred (100) feet easterly. This ordinance to take effect upon passage. Ordinance read once and adopted. The committee on Legal Affairs and Accounts to whom was referred the matter of Claim Lynn Campbell have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Paul Fitch, 12 Pleasant St. 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 for property at 12 Plsasant St. in the name of Paul G. Fitch, as recommended by the Planning Director. Order read once and adopted The committee on Legal Affairs and Accounts to whom was referred the matter of Application- Taxi License D & M Taxi, Fredda Ford have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Marilyn Seymour 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 Public Service adn Aid to whom was referred the matter of removal of live tree at McKay and Sturtevant Streets have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: A Public Hearing having been held, permission is hereby granted for the removal of a live tree at McKay and Sturtevant Streets, in accordance wit the recommendation of the Commissioner of Public Works. Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN UNFINISHED BUSINESS: The following transfer was passed to a second reading laid over under charter provisions and passed on a roll call vote: #6 Trans to Acct Sealer of Weights an dMeasures ($661.00) Roll Call: Yea: Nay: Absent: Coughlin, Gilmore, Golin, McGlynn, Murray, Rollins Troubetaris, Nardella None None MOTIONS AND ORDERS: By Councilor Troubetaris Ordered: That Every city employee file a motor vehicle traffic accident report with the Beverly Police Dept. when they are in a motor vehicular accident and a copy be given to the City Solicitor Referred to Legal Affairs and Accounts. By Councilor Troubetaris ORDERED: The Beverly Board of Helath Racoon Rabies Committee work with the Beverly Police Dept and the dog Officer to post haste a plan to protect the citizens of Beverly from being potentially injured by rabid racoons or other animals while staying with the realms of the Animal Protection Law. this plan must include a policy of immediate response when a resident reports any racoon or sick animal to any department in the city. Referred to Public Service and Aid. By Councilor Troubetaris Ordered: That the City of Beverly perform a cost analysis study to see which of the following methods of insurance would be most cost effective for the city: 1. Private insurance. 2. Self-insured 3. Contracting claims to a private co. 4. Hiring a claims rep to handle self-insured claims. Referred to Finance and Property By Councilor Troubetaris ORDERED; That the Beverly City Council study the feasibility of flooding a section of Obear Park and the Beverly Youth Center for the purpose of ice skating. Referred to Public Service and Aid. By Alderman Troubetaris: ORDERED: That the City of Beverly provide two rabies clinics a year. Referred to Public Service and Aid. By Councilors Rollins adn Troubetaris ORDERED: That Legal Affiars and Accounts make study and make recommendation in amending Sec 2-6, Residency requirements for contractors paid by the City. Referred to Legal Affairs and Accounts. RECORDS OF THE BOARD OF ALDERMEN By Aideman Rollins: ORDERED: That the commissioner of Public Works and the City Solicitor shall review the past practices of the city regarding the issuance and denial of sewer and water abatements and recommend aprocedure that would be practical, uniform and expedient for the residents of the City of Beverly. Referred to Public Service and Aid. By Alderman Coughlin: ORDERED: That forthwith the Planning Board, Conservation Commission and Board of Appeals notify councilors of any impending votes affecting their wards. Referred to Meeting Adjourned: 9:50 PM Attest: Frances A. Macdonald Assistant City Clerk