1994-07-11RECORDS OF THE BOARD OF ALDERMEN
7:45 P~M. #395
A Public, Hearing re Boston Gas Petition for gas lines in Eliott Street, Beckford
Street and Cabot Street.'
Remanded to the Committee on Public Service and Aid
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - NOVEMBER 7, 1994 AT 8:00 p.m.
ROLL CALL: Present: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and
Nardella
Absent: None
PLEDGE OF ALLEGIANCE TO THE FLAG - Led by Councilor Rollins
ACCEPTANCE OF MINUTES OF PREVIOUS MEETINGS: Motion made and seconded to accept minutes of
October 17, 1994 meeting. Motion passes.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
November 7, 1994
Honorable City Council
City Hall
Dear Honorable Council:
Council Order Number 377 approved an $850,000 bonding authorization primarily for new Public Works
vehicles.
Of this amount $768,753 will be required to buy the approved vehicles leaving a b~lance of $81,247
There are currently significant problems with the heating system of the Beverly Farms Library, the
GAR Hall and the Beverly Police Department. It is requested that an amount not to exceed
$40,000 be set aside to make appropriate improvements to each of these three systems.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Finance and Property.
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the payment of Eight Hundred Ninety-One
Dollars and Seven Cents ($891.07) of prior year bitl~!: from the current fiscal year appropriation
as per the attached communication from Finance Director Donald Young.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Finance and Property
Honorable City Council
City Hall
Dear Honorable Council:
I hereby recommend an appropriation of Three Hundred Five Dollars and Twenty-Five Cents ($305.25)
for the installation of the following street lights:
BASS RIVER ROAD:
Install one 4,000 lumen sodium street light on Pole #1212
HENDERSON ROAD:
Install one 9,600 lumen sodium street light on Pole #5653
Install one 27,500 lumen flood light on Pole #5654
RECORDS OF THE BOARD OF ALDERMEN
Said sum of mney to be taken from and charged to account "Street Lighting" and to be expended under
the direction of the City Electrician. Attched is a communication from Frederick Young concerning
this recommendation.
Very truly yours,
William F. Scanion, Jr., Mayor
Ladies and Gentlemen of the Council:
Enclosed herewith is an order requesting authorization to submit a grant application to the
Massachusetts Department of Environmental Protection Municipal Recycling Grant Program.
If awarded, this grant will provide the City with 2,500 set-out containers for use in our curb-
side recycling program. The set-out containers will be made available at no cost to new residents,
and to those residents whose containers have been lost or stolen. In addition, the City is
requesting household recycling calendars to brinted and distributed to all Beverly residents in
order to inform them of when and what the City Collects at the curb. Currently, the City prints an,
mails a similar calendar at an approximate cost of $4,000 per year. If this grant is awarded,
the State would provide this service at no cost to the community.
I At the present time, I am writing to request approval of the enclosed Order which will allow the
City to submit the grant application in a timely fashion.
Thank you for your consideration of this request.
Sincerely+l
William F. Scanlon, Jr., Mayor.
Referred to the Committee on Legal Affairs and Accounts.
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your information the appointment of Mr. Peter B. Seamans, 35 Standley Street,
Beverly, MA 01915 as the Chief Administrative Aide to the Mayor.
Mr. Seamans; appointment was effective October 27, 1994.
Very truly yours,
William F. Scanlon, Jr., Mayor.
Received and Placed on File.
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, the following to serve as members of the
Commission for the Physically and Mentally Handicapped:
Kevin Gallant - 17 Scenna Road - Term to be effective until November 1, 1997
Elizabeth Carlsley - 1 Beach Street - Term to be effective until November 1, 1997
Norman Ganley - 10 Stone Street - Term to be effective until November 1, 1996
Saul Gross - 205 Lothrop Street - Term to be effective until November 1, 1995
John Borsetti - 3 Hooper Avenue - Term to be effective until November 1, 1995
Alfred DiPaolo - 14 Chestnut Park - term to be effective until November 1, 1996
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
Honorable City Council
City Hall
Dear Honorable Council,
T heraby~poin~,~ubjec~.to~vour_aonf~rmation,-Ms- Elise R. Bernstein, 23 Budleigh Avenue,
RECORDS OF THE BOARD OF ALDERMEN
Beverly, ~ 01915, to serve as a member of the Beverly Commission for the Physically and Mentally
Handicapped.
She will fill a vacant unexpired term. Her term will be effective until Nove~er 1, 1995.
Very truly yours,
W~lliam F. Scanlon, Jr., ~yor
Laid over for confirmation.
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, the following to serve as members of the
Emergency Medical Services Commission:
Mr. Mark Foster - 13 Morningside Drive - Effective until June 1, 1996
Mr. Joseph Walsh, - Health Director - Effective until 1997
Ms. Natalie Calandra - 61 Conant Street - Effective until June 1, 1997
Mr. John Cassola - Beverly Police Department - Effecive until June 1, 1977
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, the following citizens to serve as members of the
Local Cultural Council:
Mr. James Latina - 107 Grover Street - Effective until April 30, 1997
Mr. Jon Slater - 47 Winthrop Avenue - Effective until April 30, 1996
Ms. Kristin Fenn - 11 Highland Avenue - Effective until April 30, 1996
They will fill vacancies on the Council as per the attached letters from Judith A. Mulligan and
Barbara Nicholson.
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
Honorable City Council
City Hall
Dear Council:
Re: 2-hour Meter Parking area - 263 Cabot Street
We have received a request for some two (2) hour parking meters o Cabot Street in the area of 263
Cabot Street. Some business owners feel this change will allow customers an area of on-street
parking that will be beneficial to both the business and their customers by increasing the time
limit on the meters.
Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, Section
164 as follows:
Add: Cabot Street, easterly side, from St. Mary's Rectory #255 Cabot Street to 263 Cabot
Street, five (5) meters
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
Referred to the Committee on Legal Affairs and Accounts
RECORDS OF THE BOARD OF ALDERMEN
To: City Council
From: Bernardins Young, Chairman
Board of Assessors
Date: October 27, 1994
Subject: Public Hearing on Classification of Property prior to setting the tax rate
The Board of Assessors requests a public hearing relative to the classification of property prior
to setting the tax rate. To assure adequate time for this process, I am asking the Council to
act on this request as soon as possible so that the hearing may be set and publicized for a
November 21, 1994 public hearing.
Thank you for your consideration.
Referred to the Committee on Finance and Property.
City Council
City of Beverly
RE: Conservation Restriction, Clapp Property, Thissell Street
Dear Councilors:
Mrs. Mary L. Clapp has proposed a gift of a conservation restriction on her land located on Thissel
Street to the Essex County Greenbelt Association. The Commission discussed the proposed restrictio
with Ed Becket of the Greenbelt Association at our meeting of October 25th.
The commission believes the proposed conservation restricition would provide important public
benefits and voted unanimously to endorse the restriction. The restricition would provide
for public access to trails on the property presently used for hiking, cross country skiing and
wildlife observation. The property contains a diversity of wildlife habitat including a stream,
pond, wetlands, fields and lorested uplands. The restriction would also help preserve a scenic
view visible to the public from Thissell Street and from the MBTA commuter rail line.
For the reasons above, the Commission has concluded that the City of Beverly will receive subs-
tantial benefit from the proposed conservation restriction and asks that you grant approval under
M. G. L. Chapter 184, Sections 31-33.
Sincerely,
Vincent J. Cotreau, Chairman
Referred to the Committee on Legal Affairs and Accounts.
The Honorable City Council
City Hall
Dear Councilors:
As you may know, Assistant Planning Diretot Katrina L'Leary left at the end of August for a
twelve-week maternity leave. She has recently notified me that she will not be returning to her
position within this department. Therefore, in accordance with Section 17-7 of the City Ordinances
I am hereby notifying you that the position of Assistnat Planning Director is now vacant, and I
am request the Council's authorization to fill the position. I understand such authorization is
required by that same section of the Ordinance.
Should the Council grant authorization, it is my intention to advertise the position's availability
at the earliest possible date. I would be happy to meet with members of the council at any time to
discuss this request in detail.
Thank you in advance for your consideration.
Respectfully,
Tina P. Cassidy, Planning Director
Referred to the Committee on Finance and Property.
COMMUNICATIONS, APPLICATIONS AND PETITIONS:
A request from Montserrat College of Art for permission to hold Commencement exercises on
Common.
Referred to the Committee on Finance and Property ......
RECORDS OF THE BOARD OF ALDERMEN
A Communication from Thomas F. Brachko, MPA asking support for legislation naming English as the
official language of government.
Received and Placed on File
A Raffle report from Essex County Sheriffs Association.
Received and Placed on File
A Communication from Cemetery Commissioners of Wenham seeking help in location possible cemetery
land to expand Wenham cemetery.
Referred to the Committee on Finance and Property.
A request from Rona~d Costa for the removal of a live tree at 32 Dane Street.
Referred to the Com~nittee on Public Service and Aid.
Request to accept street plan from Standley Street REalty Trust - Eagle Lane
Referred to the Committee on Legal Affairs and Accounts
Request for street acceptance from Cove Crossing Corp. for Cross Lane and Cross Street
Referred to the Committee on Legal Affairs and Accounts.
An application for pawn broker license - J. G. M. Numismatic Investment, 284A Cabot Street
Referred to the Committee on Legal Affairs and Accounts
An application for Pawnbrokers License - Sherman Loan & Jewelry, 265 Rantoul Street
Refer to the Committee on Legal Affairs and Accounts.
I An application for antique license - selling old gold and silver from Sherman Loan & Jewelry
Referred to the Committee on Legal Affairs and Accounts.
An Application for Christmas Tree license- Jay Ross at 61 Federal Street and 70 Park Street
· Referred to the Committee on Legal Affairs and AccOunts.
Claim - Terri Klug Cafazzo, attorney for Keyin Syroka, 38 Border Road, Reading, MA
Referred to the Committee on Legal Affairs and Accounts.
Claim - Teresa D. Patch, 11 Everett Street, Beverly
Referred to the Committee on Legal Affairs and Accounts.
A request from Babe Ruth League to install container at Coohey Field.
Referred to the Committee on Finance and Property.
RECORDS OF THE BOARD OF ALDERMEN
REPORTS FROM COMMITTEE:
The Committee on Finance and Property to whom was referred the matter of Mayor's request to amend
Order #377 re $850,000 bond for department equipment have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That an amount not to exceed $40,000 be defined in Order #377 for upgrades to heating
systems at Farms Library, the GAR Hall and Police Department, as part of the $850,000
bond authorization for departmental equipment.
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of request from Elizabeth
Ewing to purchase City property, have conisdered said matter and beg leave to report as follows:
Receive and Place on File
(Motion made by Alderman Coughlin to return matter to Committee because of further information.
Motion seconded and passes. Matter returned to Committee on Finance and Property)
The Committee on Finance and Property to whom was referred the matter of Rollins and Troubetaris
order re School Crossing Guards under Jurisdiction of Police Department have considered said
matter and beg leave to reporat as follows, to wit:
Recommend adoption of the order.
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of Chief Assessor's request
for Public Rearing on tax classification 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 hold a Public Rearing on Monday, November
21, 1994 at 7:30 p.m. in the Council Chamber, third floor, City Hall relative to the
determinations required prior to setting the tax rate for FY95, viz:
1. Classification of property
2. Open Space exemption
3. Residential exemption
Order read once and adopted.
The Committee on Finance and Property to whom was referred the matter of Request from Babe Ruth
League for permission to install container at Coohey Field, 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 grant permission for the placement of a vandal-proof container
at Cooney Field, after appropriate notice be given to the surrounding neighbors and
the Building Inspector issues the appropriate permit.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Petition re zoning
ordinance change - IG to CG - Elliott Street/McPherson Drive, have considered said matter and
beg leave to report as follows, to wit:
Refer to the Committee of the Whole
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of petition re zoning
ordinance change - recreational boating facility by right in CG zone, have considered said matter
RECORDS OF THE BOARD OF ALDERMEN
and beg leave to report as follows, to wit:
Refer to the Committee of the Whole
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change-
4-Way stop sign - Ellsworth and Tremont Streets, have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying ordinance and recomend its adoption.
City of Beverly
In the year one thousand nine hundred and ninety-four
An ordinance amending an ordinance entitiled "Motor Vehicles and Traffic" relative to Obedience
to isolated STOP signs
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the
same is hereby amended by adding thereto the following:
"Ellsworth Avenue, northwestbound and southeastbound drivers on Ellsworth
Avenue at Tremont Street."
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 change-
Parking on Rantoul Street, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption.
CITY OF BEVERLY
In the year one thousand nine hundred and ninety-four
AN ORDINANCE amending an ordinance entitiled "motor Vehicles and Traffic: relative to two-hour
parking
Be it ordainced by the City Council of the City of beverly as follows:
That Chapter 14, SEction 126 of the Revised Ordinances of the City of Beverly, 1989, be, and the
same is hereby amended by deleting therefrom the following:
Under sub-section (c)
"Rantoul Street, westerly side, from number 50 to number 112 Rantoul Street"
and inserting in place thereof the following:
Under sub-section (b)
"Rantoul Street, Westerly side, from number 50 to number 112 Rantoul Street"
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 New England Power
peltion for exemption from zoning ordinance 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 Authorization to sil
subordination agreement - Cotola, have considered said matter and beg leave to report as follows:
RECORDS OF THE BOARD OF ALDERMEN
Submit the accompanying order and recolmnend its adoption.
ORDERED:
That His Honor the Mayor be, and the same is hereby authorized to sign the attached
subordination agreement for Mario Cotola, 10 River Street, as recommended by the
Planning Department.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change -
T~ucks excluded from Grover Street, have considered said matter and beg leave to report as follows,
Submit the accompanying ordinance and recommend its adoption.
CITY OF BEVERLY
in the year one thousand nine hundred and ninety-four
AN ORDINANCE amending an ordinance entitled "Motor Vehicles and Traffic: relative to banning of
heavy truck traffic on certain streets
Be it ordained by the City Council of the city of Beverly as follows:
That Chapter 14, Section 95 of the Revised Ordinance of the City of Beverly, 1989 be, and the
same is hereby amended by adding thereto the following:
"Grover Street, to be excluded from trucks two and one-half (2~) tons or over from
Dodge Street to Essex Street, Route 22."
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 change
for STOP sign at Livingstone Aveune, have considered said matter and beg leave to report as follows
Submit the accompanying ordinance and recommend its adoption.
CITY OF BEVERLY
In the year one thousand nine hundred and Ninety four
AN ORDINANCE amending an ordinance entitiled "Motor Vehicles and Traffic: relative to obedience
to isolated stop signs.
Be it ordatned by the City Council of the City of Beverly as follows:
That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be and the
same is hereby amended by adding thereto the following:
"Harria Street, westbound drivers on Harris Street at Livingstone Avenue"
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 change-
parking on Lakeview Avenue, have considered said matter and beg leave to report as follows, to wit:
i Submit the accompanying ordinance and recommend its adoption.
i CITY OF BEVERLY
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 - at all times
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and
the same is hereb amended by adding thereto the following:
"Lakeview Avenue, southerly side, from Enon Street to fifty (50) feet westerly."
RECORDS OF THE BOARD OF ALDERMEN
This ordinance to take effect upon passage.
Ordinance read once and adopted.
The Conmittee on Legal Affairs and Accounts to whom was referred the matter of Agreement -
Maplewood Village, 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 Christmas Tree license:
Jay Ross, have considred said matter and beg leave to report as follows, to wit:
Recommend the license be granted subject to approval of Building Inspector and Police Chief.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of Grant application
- Municipal Recycling Grant Program, 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 submit a grant
application on behalf of the City of Beverly to the Massachusetts Department of Environ-
mental Protection Municipal Recycling Grant Program.
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 - Fairview 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 hold a Public Hearing on Monday, November 21, 1994, at 7:55 p.m. in
the Council Chamber, third floor, City Hall relative to the Massachusetts Electric petition for
pole relocation at Fairview Avenue.
Order read once and adopted.
The Committee on Public Service and Adi to whom was referred the matter opf Communication from
Glovsky and Glovsky re traffic signals at Elliott Street, have considered said matter and beg
leave to report as follows, to wit:
Refer to the Committee of the Whole
Order read once and adopted.
UNFINISHED BUSINESS:
#399
The Mayor's request for transfer to account "Charter Commission" ($12,000) was submitted to
the Council on October 16, 1994, took a first reading on October 16, 1994 and passed to a
second reading, laid over under charter provisions and passed on a roll call vote.
YEA: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella
Nay: None
#400
The Mayor's request to hire additional full-time clerk in Collector/Treasurer's office was
submitted to Council on October 16, 1994, took a first reading on October 16, 1994 and
and passed to a second reading, laid over under charter provisions. Amendment moved and seconded
to add "full-time temporary employee for six months, after which an evaluation will be conducted
to determine need" and the sum of "$10,201.36 be, and the same is hereby transferred from
account "Reserve for Unforeseen"
Roll Call vote on Amendment:
Yea: Coughlin, Golin, McGlynn, Murray, Rollins, Troubetaris and Nardella
Nay: Gilmore and Mahan
Roll call vote on order as amended:
Yea: Coughlin, Golin, McGlynn, Murray, Rollins, Troubetaris and Nardella
Nay: Gilmore and Mahan
Order passed.
MOTIONS AND ORDERS:
By Councilor Golin:
ORDERED: That the City Solicitor be, and the same is hereby requested to draft an ordinance
which will encompass the following two requirements:
Following any work done by the Massachusetts Arborist Association at Lynch Park, the
Dpartment of Public Works and the Volunteer Committee on Trees be held Jointly
responsible for implementing any and all tree care guidelines as provided and
required by the Massachusetts Arborists Association.
Any and all contractors providing non-emergency tree work for the City of Beverly
must employ Massachusetts Certified Arborists and/or have a Massachusetts Certified
ARborist on site during work. This requirement shall apply to all non-emergency
tree work, not Just to contracts bid under Chapter 30B.
Referred to the Committee on Public Service and Aid. Councilor Golin moves that matter be brought
to Council this evening, motion seconded. Rules suspended to allow discussion with Mr. Robert ~
Gillespie, Certified Arborist. Motion made and seconded for adoption of the order. Order passes.'
By Councilors Gilmore and Coughlin
ORDERED: For the fiscal year beginning July 1, 1995, and for each fiscal year thereafter, the May~
shall submit along with the proposed budget, a budget message and supporing documents.
The budget message shall highlight the important features of the proposed budget and
shall indicate any significant changes in fiscal policies, revenues and expenditures
from the current fiscal year, together with the reasons for such changes. In addition,
the budget message shall detail the Mayor's fiscal goals for the ensuing fiscal year and
the type and level of service which the Mayor expects each city department to provide
with the requested appropriations.
Referred to the Committee on Finance and Property.
By Councilor Coughlin
ORDERED: That the City Begin painting pedestrian crossings with green paint to enhance the public
safety, beginning with a priority for school crossings.
Referred to the Committee on Public Service and Aid.
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 two live trees at 28 Berrywood Lane.
Referred to the Committee on Public Service and Aid
By Councilor Coughlin
ORDERED: Removal of live tree at 69 Balch Street.
Referred to the Committee on Public Service and Aid
Motion to adjourn: 10:00 P.M. Attest:
Constance E. Perron
City Clerk