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1994-05-16RECORDS OF THE BOARD OF ALDERMEN REGULAR MEETING OF THE BEVERLY CITY, MAY 16, 1994 at 8:00 p.m. ROLL CALL: Present: Absent: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella None PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Rollins. ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of May 2, 1994 meeting - matter passes. Brief suspension of rules to allow Student Government counterparts to Council to conduct meeting. COMMUNICATIONS FROM HIS HONOR THE MAYOR: May 16, 1994 Honorable City cation from Christopher Deeley concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Finance and Property. May 16, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby request that the Harbormaster's request for a transfer of $3500 to account "Safety Clothing" take its first reading at this meeting this evening. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Finance and Property. Mayol for: read: May 16, 1994 Honorable City Council City Hall Dear Honorable Council I hereby appoint, subject to your confirmation, Ms. Susan Alvey, Grover Street, Beverly, MA to serve as a member of the CAble TV Commission. Her term will be effective until January 31, 1997. She will replace Mrs. 3oanne Berry who has i2 r !Appt Ca~ Ad' RECORDS OF THE BOARD OF ALDERMEN moved out of town. Very truly yours, William F. Scanlon, Jr., Mayor Laid over for confirmation. May 16, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation,Mr. Salvatore Modugno, 1 Colgate Road, Beverly, Ma 01915, to serve as a member of the Planning Board. His term will be effective until December 31, 1994 and he will replace Mr. Ronald Costs who has resigned. Very truly yours, William F. Scanlon, Jr., Mayor Laid over for confirmation. May 16, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Leo White, 299 Essex Street, Beverly, Ma 01915 to serve as a member of the Beverly Airport Commission. His term will be effective until December 31, 1995 and he will replace Mr. Theodore Perrotti. Very truly yours William F. Scanlon, Jr. Mayor Laid over for confirmation. May 16, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the following members of the Beverly Airport Commission: Mr. Robert Farmer, 792 Cabot Street Mr. Paul Lydon, 46 Livingstone Avenue Mr. Wilfred Gourdeau, 9 Beverly Rills Avenue. Their terms will be effective until December 31, 1996. Very truly yours, William F. Scanlon, Jr., Mayor May 16, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Antonio J. Luciano, 3 Sunmit Avenue, Beverly, Ma 01915, to serve as a Constable in the City of Beverly for the eola purpose of serving Civil Process. RECORDS OF THE BOARD OF ALDERMEN Mr. Luciano's tarm will be effective until April 30, 1997. Attached is a recommendation from Police Chief John Ftnnegan concerning Mr. Luciano's application. Very truly yours, William F. Scanlon, Jr., ~ayor Laid over for confirmation. Nay 16, 1994 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint the following to serve as members of the G.A.R. Hall Building Commission: Mr. Russell Hannibal, 506 Cabot Street, Beverly, MA 01915 Mr. Thomas Saunders, 94 Essex Street, Bevelry, MA 01915 Very truly yours, William F. Scanlon, Jr., Mayor. Received and Placed on File. COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS May 5, 1994 Mr. Bruce Nardella, President Beverly City Council Dear Sir, The Beverly Golf and Tennis Commission respectfully requests an opportunity to speak with the Council regarding the enterprise fund for fiscal 1994-1995. In addition, we wish to address the $300.00 charge levied against the permit holders. Please advise at your earliest convenience. Your attention to this matter is greatly appreciated. Respectfully, Louis D. Bennett, Jr., Chairman, Beverly Golf and Tennis Commission Referred to the Committee on Finance and Property. May 12, 1994 TO: FROM: RE: Beverly School Committee Don Argyrople Parking concerns at Edwards School On a number of occasions, I have voiced the concerns of the Edwards School staff about the complete lack of parking at Edwards School. I met with Seargent Dennis Tarsook of the Bevelry Police Department about our concerns. We believe that a parking area can be created on the Edwards Street side of the school by removing the grass area and the curbing along the street. On behalf of our staff, I am seeking the endorsement of the School Committee and the Board of Aldermen. A prompt action on this request will be most appreciated by our school staff. Referred to the Committee on Finance and Property. May 1i, 1994 Honorable City Council City Hall RECORDS OF THE BOARD OF ALDERMEN Dear Council, Re: Parking, Stone Ridge Road ~e have received a request from a resident of STone Ridge Road, concerning restricting the parking on the street. She has contacted the other three residents, there are only four houses, on Stone Ridge Road and stated they share the same concerns abount youths parking on the small street and walking into the woods to party. The street leading to their street, Greenwood Avenue, is already posted NO Parking and the people are parking on Stone Ridge Road and walking into the woods to party. Besides the rubbish they leave, they make a lot of noises when they come and go from their vehicles. Please take the necessary action to amend City of beverlry Revised Ordinance Chapter 14, Section 137 as follows; ADD: Stone Ridge Road, both sides, from Greenwood Avenue to Greenwood Avenue. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to the Committee on Legal Affairs and Accounts. May 9, 1994 Beverly City Council City Hall Dear Honorable Council: Attached for your attention is a communication from the Alcoholic Beverage Control Commission concerning the sale of Liqueurs and Cordials by Wine and Malt Restaurant Licensees. We would be pleased to meet with you to discuss this new law. Very truly yourS, Beverly License Board, Ralph Parisella, Chairman Referred to the Committee on Legal Affairs and Accounts. May 4, 1994 Beverly City Council City Hall Dear Honorable Council, I respectfully request permission to excede the 85% cap in the following accounts: I Account #01-237-5240 Maintenance of Building 01-392-5340 Telephone 01-447-5480 Vehicle Fuel and Oil 01-156-5580 Fire Prevention These accounts are in addtion to the two (2) previous requests to exceed the 85% cap, specifically: Account #01-442-5210 Utilities 01-244-5240 Maintenance of Apparatus Your immediate attention to this matter is greatly appreciated. Very truly yours, Kenneth C. Pelonzi, Chief. Referred to the Committee on Finance and Property. April 29, 1994 ~everly City Councilors ~everly City Hall Dear City Councilors, I has come to the attention of the Beverly Airport Commission that the land (Approximately 60 RECORDS OF THE BOARD OF ALDERMEN 60 acres) which abuts the airport to the southeast has been taken by a bank by means of default. Further information allots that the property is being considered by a contractor to construct family dwellings as well as a playground. The airport Commission would like to submit the following recommendations concerning this property. 1. That the land remain zoned as IR (Light Industrial) which coincides with the zoning of the Flattley Company land (Cherry Hill). Development under this type of zoning ordinance is definitely more suitable for land adjoining an airport. 2. If the land is considered for rezoning that the City*s Master Plan recommendations be ( adhered to which would be to fezone it to R-45. In discussions with the Planning Office it was found that possible rezoning of R-22 was being discussed. In the past fifteen (15) years, there have been three (3) aircraft accidents within the area or on the immediate boundary. Therefore less dense construction would lessen the probablility of a disable aircraft striking personal property. 3. That any plan whihc depicts a playground in the upper northwest corner of the property which would be that land located closest to the airport's North South runway, be denied. This type use could, in the future, allow illegal penetrations into the approach zone such as kite flying and other uses associated with a playground such as batted balls, both of which have been documented to have caused past aircraft accidents and loss of like in other areas. 4. If the area is rezoned to residential, that the deed of each piece of property be so noted that it is within the noise contour of the Beverly Municipal Airport as depicte~ in the airport's Master Plan. Thank you for you considerations in the above addressed items. Sincerely, Robert C. Farmer, Chairman, Beverly Airport Commission. Referred to the Committee on Legal Affairs and Accounts. COMMUNICATIONS, APPLICATION AND PETITIONS: A Communication from Glovsky & Glovsky with petitions of 219 signatures requesting a zoning change from IG to CG - parcels of land on southerly side of Elliott Street and westerly side of McPherson Drive, Lots 105 and 106 on Assessors' Map 19. Referred to the Committee on Legal Affairs and Accounts. A Communication from Glovsky & Glovsky with petitions of 205 signatures requesting the zoning ordinance change which would allow a public recreational boating facility in the CG Zone by right. Referred to the Committee on Legal Affairs and Accounts. New England Telephone petition for conduit on Essex Street to the Montserrat School of Art. Referred to the Committee on Public Service and Aid Beano report - St. John the Evangelist Church, 111 New Balch Street Received and Placed on File South Essex Sewerage District - Environmental Notification Form - Alternative Residuals Managemen~ Plan. Received and Placed on File. Beverly Farms - Prides Crossing invitation to march in July Fourth parade Receive and Place on File. "' RECORDS OF THE BOARD OF ALDERMEN Sea Worm license - Donald J. Cronin, 9 Mason Street Referred to the Committee on Legal Affairs and Accounts. Application for petroleum storage license - 472-474 Rantoul Street Referred to the Committee on Legal Affairs and Accounts Application for Second Class Motor Vehicles Dealer's license Referred to the Committee on Legal Affairs and Accounts. A request to purchase city owned property at 10 Greene Street, Beverly, MA by Elizabeth Ewing. Referred to the Committee on Finance and Property. A petition with twenty names and a request for improvements at Goldway Playground Referred to the Committee on Public SErvice and Aid. ~Water abatement request - L. Robert DeSanctis for CRackers, Restaurant, 104 Cabot Street Referred the the Committee on Public Service and Aid. A communication from Ward Two Civic Association requesting lifeguard at Pleasant View Beach for summer Referred to the Committee on Public Service and Aid. Claim - Laura J. Cicchetti, 2 Rezza Road, Beverly, MA 01915 - pot hole claim on Hart Street Referred to the Committee on Legal Affairs and Accounts. Claim - Mrs. Leonard Pike - Ball from ball park on Cabot Street, near Herrick Street, damaged car. Referred to the Committee on Legal Affairs and Accounts. Commerce Insurance subrogation for John Birch - accident on 1/18/94 with City Truck #102 Referred to the Committee on Legal Affairs and Accounts. REPORTS PROM COMMITTEES: The Committee on Finance and Property to whom was referred the matter of Mayor's request to raise sewer rates have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That, effective May 1, 1994, the sewer rate for billable units in the City of Beverly shall be three dollars and fifty-six cents ($3.56). Out of town users will be charged the same dollar amount increse (from $3.66 to $4.98 per billable unit) at least until further review by the City Solicitor. Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN the Committee on Finance and Property to whom was referred the matter of bfayor's request for transfers to Planning Department accounts hays considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Ten Thousand Two Hundred Fifty Dollars ($10,250.00) be, and the same is hereby transferred from account "Planning - Full Time Staff" to the following Planning Department accounts: "Longevity - 01-151-5140" "Shuttle Bus - 01-361-5380 Total in accordance with the recommendation of His Honor the Mayor. be expended under the direction of the Planning Director. $ 350.00 9,900.00 $10,250.00 Said sum of money to Order read once, passed to a second reading under charter provisions. The Committee on Finance and Property to whom was referred the matter of a request for SESD director to meet periodically with Council, have considered said matter and beg leave to reporst as follows, Receive and Place on File. The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to "Harbormaster - Safety Clothing" ($3,500.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Three Thousand Five Hundred Dollars ($3,500.00) be, and the same is hereby transferred from account"Fuel" - $2,500 - and from account "Office Supplies" - $1,000 to account "Harbormaster - Safety Clothing", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Harbormaster. Order read once, passed to a second reading under charter provisions. The Committee on Finance and Property to whom was referred the matter of Mayor's request for first reading on Harbormaster transfer, have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Jane Bernhart, have considered said matter and begf 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 Ordinance change - parking on Access Road, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. In the year one thousand nine hundred and ninety-four An Ordinance amending an ordinance entitiled "Motor Vehicles and Traffic" relative to Parking prohibited on certain streets at all time. Be it ordained by the City council of the city of Beverly as follows: RECORDS OF THE BOARD OF ALDERMEN That Chapter 14, Section 120 of the ReViSed O~din~nce~:~ '~he Ci~ ~f BeVe~i~: 1989~ 5e~ and ~h~:~ same is hereby amended by adding thereto the following: "Access Road, southerly side, from Dodge Street, one hundred fifty feet (150") easterly" This ordinance to take effect upon passage. Ordinance read once and adopted. The Committee on Legal Affairs and Accouts to whom was referred the matter of Ordinance change - Parking on Bow street, have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted. I The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change Parking at 174 Rantoul Street, have considred 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 Mortgage Discharge-! Arnold and Nancy Ambrose, 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 owned by Arnold S. and Nancy M. Ambrose at 102-104 Elliott Street, Beverly, in accordance with the recommendation of the Planning Director. Order read once and adopted. =The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage Discharge- Megan Realty Trust, 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 73 Park Street, owned by Edmund Fitzgerald, Trustee of Megal Realty Trust, in accordance with the recommendation of the Planning Director. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter opf Claim - Roy Ruff, have considered said matter and beg leave to report as follows, to witf Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Virginia Belanger, 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 Claim - OJ Pinstrip have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Committee on Public Servcie and Aid, to whom was referred the matter of request for live tree removal at 28 Windsor Road, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recom~lend its adoption. ORDERED: That the City Council of the City of Beverly will conduct a Public Hearing on Monday, June 6, 1994 at 7:55 p.m. in the council chamber, third floor, City Hall relative to the removal of a live tree at 28 Windor Road. Order read once and adopted. The Committee o Public SErvice and Aid, to whom was referred the matter of request for live tree removal at 10 Dearborn Avenue, 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 conduct a Public Hearing on Monday, June 6, 1994 at 7:55 p.m. in the Council Chamber, third floor, City Hall relative to the removal of a live tree at 10 Dearborn Avenue. Order read once and adopted. The Committee on Public Service and Aid, to whom was referred the matter of live tree removal at 21 Neptune 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 Council of the City of Beverly conduct a Public Rearing on Monday, June 6, 1994 at 7:55 p.m. in the Council Chamber, third floor, City Hall relative to the removal of a live tree at 21 Neptune Street. Order read once and adopted. The Committee of the Whole, in the matter of an appointment from the Council to the Economic and Community Development Council 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 representative to the Economic and Community Development Council be Ward Three Councilor, Joyce A. Golin. Order read once and adopted. UNFINISHED BUSINESS: #194 The transfer of $10,000 to account "Police Overtime" was passed to a second reading, laid over under charter provisions and passed on a roll call vote. YEA: Coughlin, Gilmore, Golin, McGlynn, Murray, Troubetaris and Nardella NAY: Mahan ABSTAIN: Rollins MOTIONS AND ORDERS: By Councilor Coughlin: ORDERED: That the Commissioner of Public Works be, and the same is hereby requested to make a study and recommendation relative to the removal of a live tree at 19 Puritan Road, the home of Mr. and Mrs. Emilio Albano. Referred to the Committee on Public SErvice and Aid. Motion to adjourn: 9:40 P.M. Attest: Constance E. Perron City Clerk