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1994-06-06RECORDS OF THE BOARD OF ALDERMEN ~218 Public Hearing re removal of live tree at 28 Windsor Road #219 Public Hearing re removal of live tree at 10 Dearborn Avenue #231 Public Hearing re removal of live tree at 21 Neptune Street Referred to the Committee on Public Service and Aid REGULAR MEETING OF THE BEVERLY CITY COUNCIL - JUNE 6, 1994 ROLL CALL: PRESENT: ABSENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella None PLEDGE OF ALLEGI~JqCE TO THE FLAG: Led by Councilor McGlynn ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept the minutes of Meeting of May 16, 1994. Motion passes. CONFIRMATIONS: The following appointments came to the City Council on May 16, 1994, were laid over under charter provisions and were confirmed by 9-0 votes. #241 Appointment of Susan Alvey to the Cable TV Advisory Com~nission #242 Appointment of Salvetore Modugno to the Planning Board #243 Appointment of Leo White to the Beverly Airport Commission #244 Reappointment of Robert Farmer, Paul Lydon and Wilfred Gourdeau to the Beverly Airport Comm. #245 Appointment as Constable - Antonio Luciano #246 Appointment of Russ Hannibal and Thomas Saunders to the GAR Hall Building Commission COMMUNICATIONS FROM HIS HONOR THE MAYOR: June 6, 1994 iHonorable City Council ] City Hall Dear Honorable Council: ~I hereby appoint, subject to your confirmation, Mr. Leonard J. Bertaux, 70 Winthrop Avenue, Beverly, MA 01915, to serve as a permanent member of the Zoning Board of Appeals. He will fill the vacancy on the Board and his term will be effective until January 31, 1998. ~Very truly yours, iWilliam F. Scanlon, Jr., Mayor Laid over for confirmation. !June 6, 1994 Honorable City Council Cith Hall ,Dear Honorable Council: ~I hereby appoint, subject to your confirmation, the following to serve as Alternate Members of the Zoning Board of Appeals: RECORDS OF THE BOARD OF ALDERMEN Mr. Jeffrey Krukonis, 210 Common Lane, Prides Crossing Replacing Robert McHugh - Term until October 1, 1998 Mr. Robert McLemore, 97 Preston Place Replacing Stephen Ercha - Term until October I, 1997 Mr. Mark Goldberg, 7 Seward Avenue Replacing Paul Belmonte who was appointed as a permanent member Term until October 1, 1994 Mr. John R. McCarthy, 16 Dearborn Avenue Replacing Christopher Sperry - Term until October 1, 1995 Very truly yours, William F. Scanlon, Jr., Mayor Laid over for confirmation. June 6, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of One Thousand Dollars ($1,000.) to account "Police Overtime" from account "Veterans Service." Said sum of money to be expended under the directin of the Police Chief. Attached is a communicaiton from George White, Director of Veterans Services, concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Finance and Property. June 6, 1994 Honorable City Council City Hall Dear Honorable City Council: I hereby appoint, subject to your confirmation, the following as Special Police Officers from the year 1994 as per the attached communications from Harbormaster Christopher Deeley and Police Chief John Finnegan: Christopher Deeley William Davidson, Jr. Charles Standley Norman Russell William McGrath Robert Driscoll Douglas Curtier William Dawson, Jr. Very truly yours, William F. Scanlon, Jr., Mayor Laid over for confirmation June 6, 1994 Honorable City Council City Hall Dear City Council: I hereby reappoint, subject to your confirmation, Mr. Al Torsey, 14 Lincoln Street, Beverly, MA 01915, to werve as a member of the Cable TV Advisory Commission. His term will be effecive until January 31, 1997. RECORDS OF THE BOARD OF ALDERMEN Very truly yours, William F. Scanion, Jr., Mayor Laid over for confirmation. June 6, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Ms. Lisa M. Hallinen, 15 Sargent Street, Beverly, Ma 01915 to serve as a member of the Cable TV Advisory Commission. She will replace Mr. Donald Ames and her term will be effective until January 31, 1996. Very truly yours, William F. Scanlon, Jr., Mayor Laid over for confirmation. COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: To: From: Date: Re: Honorable City Council Donald B. Young, Finance Director June 6, 1994 Exccding 85% limitation I respectfully request permission to exceed the 85% limitation on the following accounts: Telephone: This account pays for virtually all of the telephone costs of the Municipal Government. As such, much of what is spent is beyond my control. As an aside, although the account looks to be in serious trouble, a number of adjustments have yet to be entered that will bring this account back under 100% by the end of the year. (The adjustments include charging the School Department for their use, transfers from the Airport, etc.) EDP Services: This account pays the contractual costs with HCR Services. The budget was only sufficient to pay for the contract. Here again, when we began purchasing the new system the capital project account was not yet set up so everything is being charged here. This will be corrected by the end of the month. Blue Cross Blue Shield: As one of the accounts predicted to be underfunded, it is inevitable that at the very least we will exceed the 85% limitation. Medical Costs for Retired Public Safety Officers: As part of the projected underfunding of Blue Cross, this account has already exceeded its funding. I hope the Council can readily see that my request to exceed the limitation concerns accounts that are beyond my control. All accounts within which I could have some flexibility, will stay within the 85% target. Referred to the Committee on Finance and Property. June 6, 1994 The Honorable City Council City of Beverly Dear Councilors, Attached hereto are two petitions previously submitted to the Council on May 16, 1994. Petition #253 requests the rezoning of Lots 105 and 106 of Assessor's Map 19, a parcel of land situated on the southerly side of Elliott Street and the westerly side of McPherson Drive. Petition #254 requests that recreational boating be added as a use by reight to the CG zone. The zoning act requires that petitions of this nature be submitted to the Planning Board within fourteen days of receipt by the Council. The fourteen day period has passed, so it is necessary to begin the process again this evening. The Planning Director recommends that the Council set a Joint Public Hearing this evening and the RECORDS OF THE BOARD OF ALDERMEN Planning Board Chairman has indicated, by letter, his intention to call the Planning Board to this Public Hearing as is in his authority to do so. This will allow the necessary public notices to be advertised and the hearing to be held on a timely basis. Very truly yours, Constance E. Perton, City Clerk Referred to the Committee on Legal Affairs and Accounts June 6, 1994 Mr. Bruce Nardella, President Beverly City Council Dear Mr. Nardella: It is my understanding that the City Council will be receiving a refiling of the rezoning request for the south parcel of the United Shoe Machinery property at its meeting on June 6, 1994. Please be advised that members of the Council should feel free to schedule a meeting date for the Joint Public Hearing on that request at their conveninence. Althought the Council normally sends zoning petitions to committee and to the Planning Board for a recommendation on the idea of a Joint public hearing before setting a hearing date, the Planning Board will always agree to a Joint meetix because it makes sense to do so from both a financial and convenience standpoint. In this instance, it may be more prudent to have the City Council simply schedule the date for the hearing. Since the Council usually recesses for the better part of July and August, streamlining the administrative part of the public process may very well eliminate difficulty in observing state mandated time frams for considering the petition. Lastly, the Council should know that the Chairman of the Planning Board has the authority to schedu] special meetings of the Board at any time; and as the Board;s charimam it would be my intention to convene a special meeting of the Planning Board for any date the Councilselects for the public hearing. Thank you for you consideration. If you have any questions reqgarding this matter, pleaser feel free to contact City Planner Tina Cassidy. Respectuflly, James A. Manzi, Chairman Referred to the Committee on Legal Affairs and Accounts. May 23, 1994 The Honorable City Council City Hall Re: Unit #305, 38 Dunham Road Dear Honorable Council: Attached you will find a Certificate to be executed by the City of Beverly whihc refers to the Deed Restrictions for the sale of Unit #305 at 38 Dunham Road. This Certificate is required by the Deed Rider under Section 2 (a). I would like to request that your Board authorize Mayor Scanlon to execute this certificate on behalf of the City of Beverly. Respectfully, Katrina L. O'Leary, Assistant Planning Director Referred to the Committee on Legal Affairs and Accounts. May 18, 1994 constance Perton, City Clerk City Hall Re: Election of Officers of the Beverly Planning Board for 1994 Dear Ms. Perton, RECORDS OF THE BOARD OF ALDERMEN At the Planning Board s regular meeting held on Tuesday, May 18, 1994, members of the Board voted to elect a new Chairman and Vice-Chairman for the year. !By a unanimous vote of the Board's members, Mr. James A. Manzi was elected Chairmand and Mr. [Richard Dinkin was elected Vice-Chairman for 1994. Respectfully, James A. Manzi, Chairman. Received and Placed on File June 6, 1994 Beverly City Council City Hall Ladies and Gentlemen of the Council: As you may know, the State Executive Office of Communities and Development (EOCD) requires that a Community Action Statement (CAS) be completed by every municipality within the Commonwealth that is planning to apply for grant funds over the course of the next 36 months. The completion of the CAS is a pre-requisite to receiving funding and a final draft must be forwarded to EOCD prior to July 1, 1994. With this in mind, the Community Development Office has prepared the attached draft CAS for reveiw and comment by all departments withing City Government. The goal of the CAS is to provide EOCD with insight into what our overall community needs and objectives are. Obviously, we would like to be as broad-minded as possible in developing deparmtent goals, in the event that grant programs become available whihc could provide funding for needs aoutlined in the CAS. The information that has been compiled in the draft has been formulated based on examples provided by EOCD and previous responses from Department Heads. In addition, each department is presently reviewing the CAS for necessary revisions and additions. A draft of the CAS is being forwarded for your review in order to solicit your input on identifying and prioritizing the five most important needs of the community. EOCD requires that this portion of the CAS be reviewed during a City Council meeting or other public event to insure that there is a forum for input from the cityizens of the community. I would greatly appreciate it if you could review the attached document, in particular the last section on prioritization of community needs, and provide any comments, revisions, or additions to the Community Development Office. PLease keep in mind that the final draft of the Community Action Statement is due in to EOCD by July 1, 1994. Representatives from the Planning and Community Development Office are available to discuss the CAS at Council or Committee meetings, at your convenience. Thank you for your consideration in this matter. Sincerely, Tins Cassidy, Planning Director Kim Driscoll, Community Development Manager. Referred to Committee of the Whole. May 11, 1994 City Council City of Beverly Dear Councillors; I hereby recommend the following be issued a Drain Layers License: Maynard Construction Co. - 328 South Main Street - Concord, New Hampshire 03301 Very truly yours, George J. Zambouras, P. E. Commissioner of Public Works. Referred to the Committee on Legal Affairs and Accounts. COMMUNICATIONS, APPLICATION AND PETITIONS: A request from Beverly Chamber of Commerce to hang banners across Cabot Street for special events. Referred to the Committee on Public Service and Aid. RECORDS OF THE BOARD OF ALDERMEN Communication from Commonwealth of Massachusetts - Low-Level Radioactive Waste Management Board re site selection process for centralized disposal site in Commonwealth. Received and Placed on File Communication from Mass Highway Department re Special Speed Regulation #7605 for Grower Street. Referred to the Committee on Legal Affairs and Accounts. Mass Electric peition for installation of 2" conduit in Burley Street. Referred to the Committee on Public SErvice and Aid. Environmental Notification Form for the South Essex Sewerage District Tunnel Abandonment Project. Received and Placed on File. Communication from Kenneth R. St. Pierre re basketball hoop installed at 16 Porter Terrace. Referred to the Committee on Public Service and Aid. Communication from Edward Sctaldone re occupancy fee. Referred to the Committee on Legal Affairs and Accounts Application fro LImousine License - 3 Summit Avenue Referred to the Committee on Legal Affairs and Accounts Claim - Leonard Beeman, 8 Mason Street, Beverly, MA 01915 Referred to the Committee on Legal Affairs and Accounts Claim - Metropolitan Subrogation for George Geanakakis Referred to the Committee on Legal Affairs and Accounts. Communication from Ward Two Civic Association re Sand at Pleasant View Beach. Referred to the Committee on Public Service and Aid Claim - Timothy Fiehetty, Youth Services Director Referred to the Committee on Legal Affairs and Accounts. Communication from Glovsky and Glovsky on behalf of Stop & Shop and Black & Decker requesting permission to install street light on Elliott Street. Referred to the Committee on Public Service and Aid. RECORDS OF THE BOARD OF ALDERMEN REPORTS FROM COMMITTEES: (#216 - PLEASE SEE END OF MEETING - PAGE 103) *he Committee on Finance and Property to whom was referred the matter of Fire Department request to exceed 85% spending cap, have considered said matter and beg leave to report as follows, to wit Submit the accompanying order and recommend its adoption. ORDERED: That the Fire Department be, and the same is hereby authorized to exceed the 85% cap on the following line items in the Department Budget: #01-237-5240 Maintenance of Building 01-393-5340 Telephone 01-447-5480 Vehicle Fuel and Oil 01-156-5580 Fire Prevention as requested by the Fire Chief. Order read once and adopted. The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Police Overtime" 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 (Rollins requests permission to abstain. Permission granted.) The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Beverly Airport Commission re land abutting airport, 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 Petition re re-zoning of Lots 105 and 106 of Assessor's Map 19 - McPherson Drive and Elliott Street, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council and the Planning Board hold a Joint public hearing on Monday, June 27, 1994 at 8:00 p.m. in the City Council Chambers, third floor, City Hall, relative to a proposed zoning change for parcels 105 and 106 of Assessors Map #19, which would change the designation "IG" to the Designation "CG" Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of petition re recreational boating be added as a use by right to the CG Zone, 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 and the planning Board hold a Joint public hearing on Monday, June 27, 1994 at 8:30 p.m. in the Council Chambers, third Floor, City hall, relative to a proposed zoning amendment which would allow reacreational boating as a use by right in the CG zone. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Application to dig sea worms - Donald Cronin, have considered said matter and beg leave to report as follows: Recomment the license be granted. Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Committee on Legal Affairs and Accounts to whom was referred the amtter of Application for Petroleum Storage License at 472/474 Rantoul Street, have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Application - Class 2MVDL- R. B. Auto Sales, 350 Rantoul Street, 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 Accouts to whom was referred the matter of Claim - Laura Cicchetti - Pothole on Hart Street, 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 - Leonard Pike - Hit by ball from playground, 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 Commerce Insurance subrogation for Claim - John Birch - vehicle hit by City Truck, 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 Mass Highway Special Speed Regulation - Grover 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 hereby approve the attached special speed regulation No. 7605 of the Mass Highway Department, which regulates the speed of travel on Grover Street to 25 MPH in some sections and 20 MPH in others. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Petition - New England Telephone for conduit on Essex Street for Montserrat School of Art, 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 hold a Public Hearing on Monday, June 20, 1994 at 7:55 p.m. in the Council Chambers, third floor, City Hall relative to New England Telephone's petition for the placement of underground conduit on Essex Street to the Montserrat School of Art. Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Connnittee on Public Service and Aid to whom was referred the matter of separate water meters for non-sewer related water uses, have considered said matter and beg leave to reporat as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Councilor Rollins order re hours of construction activity, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The Committee on Public Service and Aid, to whom was referred the matter of Communication re Goldway Playground maintenance have considered sai 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 and Aid, to whom was referred the matter of Communication from 104 Realty Trust (Crackers) re water bill, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The Committee on Public Service and Aid, to whom was referred the matter of Communication from Ward Two Civic Association re lifeguard at Pleasant View Beach, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. UNFINISHED BUSINESS: The following transfers were received by the Council on May 16, 1994 and passed to a second reading, laid over under charter provisions and adopted by roll call vote. ~223 Mayor's request for transfer to account "Longevity" and "Shuttle Bus" in Planning Dept. ($10,250.00) #239 Mayor's request for transfer to account"Harbormaster - Safety Clothing" ($3,500.00) MOTIONS AND ORDERS: By Councilor Troubetarls: 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 11 Roderick Avenue. Referred to the Committee on Public Service and Aid By Councilor Troubetaris: ORDERED: That the Commissioner of Public Works repair the dip in the road in front of #8 Bass Street which was the result of work performed by the Public Works Dept. Referred to the Committee on Public Service and Aid RECORDS OF THE BOARD OF ALDERMEN Re: Surplus Tangible Property Dear Members of the Council: The Law Department of the City of beverly has two pieces of computer equipment (one Wang Personal Computer purchased in 1986 and one Hyundai Personal Computer purchased sometime in 1985-86) that have no value. The Uniform Procurement Act (M. G. L. Chapter 30B) permits the City to establish and approve its own written procedures to dispose of surplus supplies valued at less than $500.00. I called Essex Office, Inc., our supplier of office supplies and equipment and the company from which one of the computers was purchased, and spoke with Mr. John Boris, the owner of Essex Office. He informed me that both peices have "no salvage value:, that they are outmoded, parts are no longer being manufactured for these computers and that new technology in the past ten years has made this equipment obsolete. Therefore, would you please declare this equipment "surplus property with no slavage value" so that I can dispose of it. Very truly yours, Crystal Atherton, Chief procurement Officer Referred to the Committee on Finance and Property June 13, 1994 Honorable City Council City Hall Dear Councilors, Re: Stop Signs We have investigated the intersections of Robb Road, westerly at Nelson Avenue and easterly at Wirling Drive relative to the installation of Stop Signs. We have found these intersections meet the warrants required and recommend Stop Signs be installed as follows: In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop signs; Add: Robb Road, eastbound drivers on Robb Road at Witling Drive. Robb Road, westbound drivers on Robb Road at Nelson Avenue Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to the Committee on Legal Affairs and Accounts June 13, 1994 Honorable City Council City Hall Dear Councilors, Re: Stop Sign We have investigated the intersections around Monument Square relative to the installation of a Stop sign, and or other traffic control signs. We have found the belgw listed intersection meets the warrants required and recommend a stop sign be installed as follows; In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of beverly, we request the follow- ing stop sign: Add: Monument Square, northeastbound drivers on Monument Square, in front of #2 Monument Square. Also, during my meeting with the Commissioner of Public Works, we recommend two (2) yield signs be installed on Monument Square, one for northeastbound drivers on Monument Square at Hale Street and one for northwestbound drivers on Monument Square at Hale Street. I have attached a map to show the locations of these proposedsigns. Very truly yours, Dennis Tarsook, Traffic Sergeant Referred to the Committee on Legal Affairs and Accounts RECORDS OF THE BOARD OF ALDERMEN June 16, 1994 Honorable City Council City Hall Dear Council, Re: 15-Minute Parking, area J & J's Engine Stop, 84 Hale Street We have received a request from the owner of J & J's Engine Stop, Inc., 84 Hale Street, relative to the all-day parking that occurs each summer in the immediate area of the store. The owner would like to have 15 minute parking areas in front of the store and on the one side of the store, that would allow customers an area to park. This proposal would cover roughly 3 parking spaces in front, on Hale Street, and 2 parking spaces on the E. Lothrop Street side of the building. Please take the necessary action to amend City of Beverly revised ordinance Chapter 14, Section 123 as follows; Add: Hale Street, northerly side, from E. Lothrop Street seventy-five feet (75') easterly. E. Lothrop Street, easterly side, from Hale Street fifty feet (50')northerly. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to the Committee on Legal Affairs and Accounts. June 13, 1994 Beverly City Council City Hall Ladies and Gentlemen: The Beverly Harbor Management Authority recently conducted a survey of a number of the public access points to the water front. It was our finding that several of them are in need of atten- tion from the Public Works bepartment. Atlantic Avenue - This street is being encroached upon by the abutters thereto. Public land is being utilized for lawns, paved parking areas, gardens, etc. The street is not to the standard of the other waterfront streets in this area. Specifically, it needs to be improved by the addition of sidewoaks and hot-topped to reclaim it as a public street. Additionally, the "Atlantic Avenue" street sign should be replaced. Draper's Point and Ober Public Landings - The access to these public landings is overgrown and needs pick up of trash and other debris. It is getting to the point where some of the brush has become trees. This growth should be cleared to reestablish the access. General - There is brush and other growth at the northeasterly side of Independence Park, Central Street and Washington Street which should be removed to reestablish the ocean view. The BHMA hereby requests that you take the necessary action to implement these improvements to the waterfront. Very truly yours, Gerald LaCombe, Chairman, BHMA Referred to the Committee on Public Service and Aid. COMMUNICATIONS, APPLICATION AND PETITIONS: A report from New England Telephone Company listing all double poles in the City of Beverly. Referred to the Committee on Public Service and Aid. A communication from Glovsky and Glovsky (Mark B. Glovsky) relative to the Municipal Parking Lot Agreement in Beverly Farms with James P. Townsend. Referred to the Committee on Legal Affairs and Accounts. RECORDS OF THE BOARD OF ALDERMEN A~plication for Class III MVDL - McNeil's Auto Clinic - Resubmission erefred to the Committee on Legal Affairs and Accounts. Application for License to sell Arrow Indian Motorcycle Inc., 81Rantoul Street Referred to the Committee on Legal Affairs and Accounts. Claim - Damag~ to fence by snowplow - Mr. and Mrs. Gordon, 100 Coming Street Referred to the Committee on Legal Affairs and Accounts. Request to hang banner across Cabot Street - Cardinal Alumni Association Referred to the Committee on Public Service and Aid REPORTS FROM COMMITTEE: The Committee on Finance and property to whom was referred the matter of Municipal budget - FY 1995 have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption- ORDERED: That the sums of money recommended by His Honor the Mayor i his communication of May 2, 1994, and amended by his final budget of June 20, 1994 be, and the same are Hereby appropriated for the specific purposes in the budget. Order read once, passed to a second reading under charter provisions. The Committee on Finance and Property to whom was referred the matter of communication re water/ sewer bills being deductible from state income taxes, have considered said matter and beg leave to report as follows,, to wit: Receive and Place on File Order read once and adopted, by vote of 8-1 with Troubetaris opposed. The Committee on Finance and Property to whom was referred the matter of request from Finance Director to exceed 85% cap on certain maintenance accounts, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Finance Director be, and the same is hereby authorized to exceed the 85% cap on the following items in the Department budget: Telephone - EDP Services - Blue Cross, Blue Shield - Medical Costs for Retired Safety Officers as requested by Donald Young, Finance Director. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of ordinance re snow on sidewalks 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 deleting Chapter 15, Offenses and Miscellaneous provisions, Article I, In General, Section 15-23. Throwing snow and ice into streets and inserting a new Section 15-23 as ordained as follows and by amending SEction 15-47 penalties by adding a new sub-section Section 15-47: RECORDS OF 'rile BOARD OF ALDERMEN Section 15-23. Placing and/or depositing snow or ice into streets of sidewalks. "No person shall place or deposit any ice or snow on any street or sidewalk." Section 15-47. "Failure to comply with the requirements of section 15-23." 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 ordinance re parking on Stone Ridge Road, have considered said matter and beg leave to report as follows, Submit the accompanying ordinance and recommend its adoption. In the year one thousand nine hundred and ninety-four An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to Parking prohibited on certain streets - During certain hours. That Chapter 14, Section 122 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "(s) No person shall park a vehicle between the hours of 10:00 p.m. and 7:00 a.m. on both sides of Stone Ridge Road." 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 Communication from Licensing Board re sale of liqueurs and cordials 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 accept the provisions of Chapter 481 of the Acts of 1993, the law which allows cities and towns to permit common vlctualers licensed to sell wine and malt beverages under MGL Chapter 138, Section 12 to also sell LIQUEURS AND COPalALS, subject to written approval of the local licensing board. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the mmtter of Request for Drain Layer's License, have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted.to Maynard Construction Co., Concord, NH Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Leonard Beeman, 8 Mason Street, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Mass Electric petition re pole relocation - Montserrat Road, have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree- 28 Windsor Road, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. RECORDS OF THE BOARD OF ALDERMEN ORDERED: A Public Hearing having been held, permission is hereby granted for the removal of a live tree at 28 Windsor Road. The tree will be removed by the City of Beverly. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree - 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: A Public Hearing having been held, permission is hereby granted for the removal of a live tree at 10 Dearborn Avenue. The tree will be removed by the City of Beverly. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree - 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: A Public Hearing having been held, permission is hereby granted for the removal of a live tree at 21 Neptune Street, under the provislous of Beverly's revised ordinances Chapter 23, Section 4, viz; the tree may be taken down at owner~s expense, by a properly licensed and insured tree contractor and a fee of $50.00 will be paid the city for the replacement of the tree at another location. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Chamber request to hang banner across Cabot Street for several events, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Chamber of Commerce be, and the same is hereby authorized to hang banners across Cabot Street for the following events: Sidewalk Bazaar - June 23, ~5, 1994 Homecoming - July 31, - August 7, 1994 Sidewalk Bazaar - October 13-15, 1994 Santa Parade - November 27, 1994 First Night - December 31, 1994 The banners will be erected by a properly insured firm and removed promptly after the event. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Mass Electric petition to install conduit in Burley, have considered said matter and beg leave to report as fellows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That .the City Council hold a PUblic Heraing on Monday, June 27, 1994 at 6:40 p.m. in the Council Chambers, third floor, City Hall relative to the petition of Massachusetts Electric for the installation of 1 - 2" schedule 40 PVC conduit in Burley Street. Order read once and adopted. The Committee on PUblic Service and Aid to whom was referred the matter of Communication re Basketball hoop on Porter Terrace, 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 Service and Aid to whom was referred the matter of Request from Ward Two Civic Association re beach sand at Pleasant View Beach have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and reconunend its adoption. ORDERED: That the Commissioner of Public Works be, and the same is hereby requested to work with the Harbor Management Authority to provide beach sand at pleasant View Beach to the extent possible with funds availabel from both budgets. Order read once and adopted. The Committee on Public SErvice and Aid to whom was referred the matter of Troubetaris order to repair dip in road at #8 Bass Street, 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 of the Whole to whom was referred the matter of the Community Action Statement have considered said matter and beg leave to report as follows, to wit: Submit the accompanying resolution and recommend it~l-~deption. RESOLVED: WHEREAS: WHEREAS: WHEREAS: WHEREAS: NOW BE IT The City Council of the City of Beverly has reviewed the Planning Department's Community Action Statement, and The City of Beverly hopes to apply for grants from the state over the next 36-month period The Community Action Statement hereto attached provides insight into our overall community's needs and objectives, and Two additional concerns have been requested of the Planner, namely. 1. Restoring the homeless outreach worker 2. Extending the Rehab Target areas to other sections of the city. RESOLVED THAT, THE City Council of the City of beverly supports this Community Action Statement and is in agreement with its content. Resolution read once and adopted. The Committee of the Whole to whom was referred the matter of Tax incentive - Economic Target Areas, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying resolution and recommend its adoption. RESOLUTION: Be it resolved that the Beverly City Council, by a 9-0 vote, hereby indicates its intention to consider providing tax increment financing to certified projects within economic opportunity areas as may be designated by the Massachusetts Office of Business Development's Economis Assistance Coordinating Council. Resolution read once and adopted. The Committee of the Whole to whome was referred the matter of Request for authorization to seek grant for developing handbook on permit applications have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Community Development Office is hereby authorized to submit a grant applicatior to the Executive Office of Communities and Development which requestsfunding to develop a handbook that explains the process for obtaining various municipal permits and licenses. Order read once and adopted. , RECORDS OF THE BOARD OF ALDERMEN The Committee of the ~hole to whom was referred the matter of Mayor's request to authorize grant application to fund Administrative Aide, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Community Development Office is hereby authorized to submit a grant application to the Executive Office of Communities and Development which requests funding to hire a Chief Administrative Aide within the Office of the Mayor. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of a communication from Gordon College re sewer tie-in have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That theCity Council authorize State Representative Michael Cabill to file the attached special legislation - An Act authorizing the City of Beverly to enter into contract with Gourdeau Limited, Inc. as successor in interest to Gordon College, for the disposal of sewage. Order read once and adopted. MOTIONS AND ORDERS: By Councilor Troubetaris: ORDERED: That the Commission of Public Works be, and the same is hereby authorized to make a study and recommendation relative to the removal of a live tree at 19 Davis Road. Referred to the Committee on Public Service and Aid. Motion to recess until Monday, June 27, 1994 at 7:30 p.m. Attest: Constance E. Perton City Clerk