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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