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1994-10-03RECORDS OF THE BOARD OF ALDERMEN 7:45 P.M. #377 7:56 P.M. #356 7:58 P.M. #360 A Public Hearing re Bonad Authorization for Departmental Equipment - $850,000. Remanded to Unfinished Business for required second reading. A Public Hearing re New England Telephone petition - Beverly Hospital Remanded to Committee on Public Service and Aid A Public Hearing re Mass Electric petition for conduit on Enon Street. REGULAR MEETING OF THE BEVERLY CITY COUNCIL, OCTOBER 3, 1994 at 8:00 p.m. ROLL CALL: Present: Coughlin, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris, Nardella Absent: Gilmore PLEDGE OF ALLEGIANCE TO THE FLAG: - Led by Councilor Murray ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made by Councilor Golin to add "Copy sent to Commissioner of Public Works" to Committee reports for orders #297 and #311. Motion made and seconded to accept minutes as amended. Motion carries - minutes amended. COMMUNICATIONS FROM HIS HONOR THE MAYOR: October 3, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer fo Five Hundred Sixty Dollars (,560.00) to a new account "Out of State Travel" from account "Auditorts - Meetings and Trainings". Said sum of money to be expended under the direction of the Finance Director. Attached is a communication from Donald Young concerning this request. I further request that your Honorable council take a first reading of this request at this eveningts meeting. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Finance and Property. October 3, 1994 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached contract between the City of Beverly and New England Sealcoating Co., Inc., for the repair of Tennis Courts at Cove Playground. Very truly yours, William F. Scanlon, Jr. Mayor. Referred to the Committee on Legal Affairs and Accounts. October 3, 1994 Honorable City Council City Hall Dear Honorable Council: RECORDS OF THE BOARD OF ALDERMEN I hereby reappoint, subject to your confirmation, the following citizens to serve as members of the Registrars of Voters: Ms. Marjorie Thompson 31 Propsect Street Beverly, MA 01915 Effective until March 31, 1996 Mr. Joseph Pietrini 40 Roundy Street Beverly, MA01915 Effective until March 31, 1997 Very truly yours, William F. Scsnlon, Jr., Mayor Laid over for confirmation. October 3, 1994 Honorable City Council City Hall Dear Honorable council: I hereby request that you vote to give me permission to sign the enclosed Lease with the Nextel Corporation allowing the placement of an antenna on our new water tower. Nextel is a billion dollar corporation providing communication services throught the United States which are now analagous to those of Cellular One. I believe the terms of the lease are favorable to the City. Very truly yours, William F. Scanlon, Jr., Mayor Referred to the Committee on Legal Affairs and Accounts. COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: September 29, 1994 The Honorable City Council City Hall, 191 Cabot Street Re: Council Order #254: Planning Board recommendation to the City Council relative to adoption of Zoning Amendment Dear Members of the Council: At a Special Meeting of the Planning Board held on Wednesday, September 28, 1994, members discussed the provisions of Council Order #254, which proposed the adoption of a definition of public recreational boating facility and the insertion of that land use as a use by right in the "CG - General Commercial" section of the zoning ordinance. Please be advised that the Planning Board voted 5 - 2 to recommend to the City Council that Order #254 be adopted, SUBJECT TO two amendments to the language of the definition of public recreational boating facility. Specifically, the Planning Board recommends that the phrase" ...on and abutting tidal waters..." be added between the phrases "A facility..." and "...for berthing..." and that the phrase "...allowing the storage of recreational vessels and/or recreational and marine equipment off the premises of the facility, nor as .... "be added between the phrases "Nothing in this provision shall be construed as..." and" prohibiting the adoption...". A copy of the entire definition as amended by the Planning Board is attached to this letter for reference. Those hembets of the Planning Board who voted in favor of adoption of the zoing amendments believed that adding a definition of public recreational boating facilities to the zoning ordinanc~ clarifies ambiguities that exist in the zoning ordinance today, and that the City, through its Planning Board and City Council, has an obligation to clarify such ambiguities whenever it can. Those members also believed that the proposed definition should be amended as outlined by the Boar~ so as to preclude the storage of boats or board-related equipment on inland parcels of property not specifically used for recreational boating purposes. Additionally, they supported the insertion of public recreational boating facilities as a use by right in the language of the "CC" zoning district section of the zoning ordinance, in the belief that the City should encourage recreational use of the waterfront, and that a water-dependent land use of this magnitude on land aubtting coastal waters does not warrant regulation by special permit. Those members of the Board RECORDS OF THE BOARD OF ALDERMEN ;who voted against adoption of the zoning amendments believed that the land uses currently listed in the zoning ordinance are inclusive enough to include the Bass Haven Yacht Club, and that such uses should be allowed only by Special Permit and Site Plan Review. Respectfully, James A. Manzi, Chairman Proposed Amendment to Council Order #254 "38A. Public Recreational Boarring Facility: A facility on and abutting tidal waters for betthing of recreational vessels at which all berths and accessory used thereto are available for patronage by the general public on a seasonal or transient basis. Such facility may be either publicly or privately owned, and may include town piers, or community sailing centers or yacht clubs offering open membership to the public. Nothing in this provision shall be construed as allowing the storage of recreational vessels and/or recreational and marine equipment off the premises of the facility, nor as prohibiting the adoption of minimum eligibility criteria of broad, objective applicability, such as basic knowledge of boating safety or a willingness to make regular work commitments; nor as prohibiting the reservation of a berth for the operator of said facility." (Planning Board's suggested language changes to the original proposal are underlined.) Referred to the Committee on Legal Affairs and Accounts. 'September 29, 1994 Honorable City Council [City Hall ]Dear Council, ]Re: Minor Ordinance Amendment, 14-120, NO PARKING [We have reviewed the present ordinance pertaining to Elliott Street, PARKING PROHIBITED AT ALL iTIMES, Elliott Street, southerly side, from Park Street to a point fifty (50) feet westerly. We iwould like to recommend this ordinance be deleted, the fifty (50) foot length is no longer ,necessary and this would make this area a standard NO PARKING HERE TO CORNER, twenty (20) feet, ifrom the corner of Park Street. ~Plea take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, Section 120 se ]as follows: ~DELETE IN ITS ENTIRETY: Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer Elliott Street, southerly side, from Park Street to a point fifty (50) feet westerly. Referred to the Committee on Legal Affairs and Accounts. September 21, 1994 Honorable City Council City Hall Dear Council, Re: Minor Ordinance Amendment, 14-94, Obedience to special traffic-control devices. We have reviewd the present ordinance pertaining to River Street, DO NOT ENTER from 7:00 a.m. to 9:00 a.m., Monday through Friday and recommend it be moved from Sec. 14-94 sub-section (b) (2) Left turns, to Sec. 14-94 sub-section (d) (3), Do Not Enter Please take the necessary action to amend Ctuiy of B~ve=}y Revised Ordinance Chapter 14, Section 94 as follows: DELETE IN ITS ENTIRETY: Sub-section (b) (2) Left turns, Southbound motorists on River Street must turn left, easterly, onto Pleasant Street from 7:00 a.m. to 9:00 a.m., Monday thru Friday. ADD: Sub-section (d) (3), River Street at Pleasant Street, southbound motorists, 7:00 a.m. to 9:00 a.m., Monday through Friday. I believe this will clear and clean up this ordinance as to the intent. RECORDS OF THE BOARD OF ALDERMEN Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer Referred to the Committee on Legal Affairs and Accounts COMMUNICATIONS, APPLICATIONS AND PETITIONS: An application for a Lodging House License - Hannah's Port Motel, 490 Rantoul Street by Robert M. Brilliant, 4 Ires Street, Beverly, MAO1915 Referred to the Committee on Legal Affairs and Accounts Resubmission of Claim by Mr. John M. Chaisson, 1 Gateway Lane, Beverly, MA01915 - Damage automobile by steel plate in road - December, 1992. Referred to the Committee on Legal Affairs and Accounts. to Petition of Boston Gas Company for Gas Main Locations - Elliott Street, Beckford Street and Cabot Street Referred to the Committee on Public Service and Aid. REPORTS FROM COMMITTEES: The Committee on Finance and Property to whom was referred the matter of order for monthly appropriation and revenue reports, have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted. The Committee on Finance and Property to whom was referred the matter of Communication from Chief Procurement Officer re surplus property, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The Committee on Finance and Property to whom was referred the matter of communication from Glovsky and Glovsky re Beverly Farms Municipal Parking Area, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. The Committee on Finance and Property to whom was referred the matter 6f Mayor~s request for transfer to account "Out of State Travel" (,560.00) 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 Five Hundred Sixty Dolllate (,560.00) be, and the same is hereby transferred from account Auditor's Meetings and Training" to account "Out of State Travel", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Finance Director. Order read once, and passed to a second reading, laid over under charter provisions. RECORDS OF THE BOARD OF ALDERMEN The Committee on Legal Affairs and Accounts to whom was referred the matter of Petition to re-zone portions of Beverly Farms, have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted. The Committeeon Legal Affairs and Accounts to whom was referred the matter of Ordinance Change - Motor Vehicles and Traffic - two hour parking on 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 Public Service and Aid to whom was referred the matter of Rollins order re removal of live tree at 34 Washington Street, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying AMENDED order and recommend its adoption. (Two in favor, Rollins opposed.) ORDERED: That the live tree at 34 Washington Street be pruned, rather than removed completely, in accordance with the recommendation of the Commissioner of Public Works. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Mass Electric petition for pole relocation and heavy duty handhole on Grover Street, 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 Request from Wenham resident to tie into Beverly Sewer System, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. (Before order was read, Councilor Rollins moved that matter be returned to Committee - motion seconded and passed) Remanded to the Committee on Public Service and Aid. The Committee on Public Service and Aid to whom was referred the matter of Communication from Paul Galluzzi re Standley Street Compost Pile, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. UNFINISHED BUSINESS: Order #377 - Bond Authorization for $850,000.00 for departmental equipment. First reading on September 12, 1994, Public Hearing on the matter on October 3, 1994 at 7:45 p.m. Passed on a roll call vote. Yea: Coughlin, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris, Nardella Nay: None Absent: Gilmore Order #379A - Mayor's request for transfer of $10,000 to accounts "Executive Salaries - Administ.~ Aide" ($5,500.00) and "Health Insurance"($4,500.00), into the Council on September 19, 1994 for first reading and passed on roll call vote RECORDS OF THE BOARD OF ALDERMEN Yea: Coughlin, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris, Nardella Nay: None Absent: Gilmore MOTIONS AND ORDERS: By Councilor Coughlin: ORDERED: That the City council, in conjunction with His Honor the Mayor, develop an annual evaluation process for all Department Heads and Assistant Department Heads and that such evaluation procedure be in place prior to the budget review process for fiscal year 1996 Referred to the Committee on Finance and Property By Councilor Rollins: ORDERED: That the Commissioner of Public Works be, and the same is herebyr equested to install new hot top sidewalk at 35 Broadway and at 11, 13, and 15 School Street. Referred to the Committee on Public Service and Aid. By Councilor Rollins and Councilor Troubetaris: ORDERED: That the Crossing Gurads which are now under the jurisdiction of the School Department be returned to the Jurisdiction of the Police Department. Referred to the Committee on Finance and Property. Motion to adjourn: 9:00 P.M. Attest: Constance E. Perton City Clerk