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1992-10-05Records of the Board of Aldermen REGULAR MEETING OF THE BOARD OF ALDERMEN, OCTOBER 5, 1992: ROLL CALL: All Aldermen were present PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Aldermen Rollins May Monahan assumed chair for the meeting. CONFIRMATIONS: The following appointments were confirmed. #407 Appointment of Permanent Reserve Officers for the Beverly Police Department, Michael Bucci, Stephen Cecchini, John Connolly, Harold Geary, Michael Harvey, Brian P. Long & David Richardson. COMMUNICATIONS FROM HIS HONOR THE MAYOR: October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA Dear Honorable Board: I hereby recommend the mooring fees be increased from $2.00 per foot to $5.50 per foot effective upon passage. As you know, I have requested mooring fee increases on several occasions in the past and your Honorable Board rejected at that time. We must make the costs of maintenance and security of the harbor self-sufficient rather than having taxpayers of Beverly subsidized homeowners, an estimated 75 % of whom do not reside in Beverly. Marblehead, for example, has charged $5.50 for several years and we certainly cannot provide harbor services less than the cost to Marblehead. Very truly yours, F. John Monahan Mayor Referred to Finance and Property. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby recommend that the city of Beverly adopt Chapter 30, Section 57 of the Massachusetts General Laws regarding issuance of Permits and Licenses to delinquent taxpayers. I urge local ordinance be adopted as soon as possible. Very truly yours, Bev. John Monahan Mayor Referred to Legal Affairs and Accounts. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby recommend your Honorable Board adopt the following Collection Procedure for the City of Beverly. I urge you to adopt this procedure as soon as possible. Very truly yours, F. John Monahan Mayor Referred to Legal Affairs and Accounts October 5, 1922 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby appoint, subject to your confirmation, Mr. Richard Montoni, 13 Wellman St., Beverly as Inspector of Buildings. Mr. Montoni has been employed effective October 1, 1992 and is well-qualified. Mr. Montoni was one of three finalists interviewed and was selected from the field of 20 candidates. Very truly yours, F. John Monahan Mayor Laid over for Confirmation. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, Mass. 01915 Dear Honorable Board: I hereby appoint, subject to your confirmation, Mr. Benjamin Eisenstadt, 345 Hale St. Beverly to serve as Assistant City Solicitor for the City of Beverly at a salary of $37,000 per year. Mr. Eisenstadt has been employed sand September 23, 1992 and has done an excellent job collecting receivables for the City. His appointment is critical as we must collect overdue receivables and time is of the essence. Mr. Eisenstadt is a Beverly resident, a graduate of Boston Latin school, Harvard College and Boston College Law school. Very truly yours, F. John Monahan Mayor Laid over for confirmation. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby appoint, subject to your confirmation Mr. Michael Lauranzano, 10 Hillside Ave. Beverly, MA 01915 as City Solicitor for the City of Beverly. Very truly yours, F. John Monahan Mayor Laid over for Confirmation. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 I hereby appoint, subject to your confirmation, Mr. Kenneth R. Valliere, 11 Northern Avenue, Lynn, MA to serve as a Constable for the City of Beverly. Attached is the application which has been approved by the Beverly Police Department. Mr. Valliere’s term will be effective until October 31, 1995. Very truly yours, F. John Monahan Mayor Laid over for Confirmation. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby appoint, subject to your confirmation, the following citizens as members of the Beverly Harbor Management Authority: Greg Senko, 36 Hillcrest Avenue - to fill unexpired term of Richard Montoni who has been appointed as Building Inspector. James Trask, 12 Roosevelt Avenue - to fill unexpired term of Robert Nolan who has resigned due to personal reasons. Very truly yours, F. John Monahan Mayor Laid over for Confirmation. October 5, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby submit your information at that Executive Order I issued to all Departments regarding permits, licenses and inspections for those who have overdue receivables to the City of Beverly. Very truly yours, F. John Monahan Mayor Receive and place on file. COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: October 1, 1992 Hon. F. John Monahan and Board of Aldermen There is an urgent and compelling need to fill two of the forsaking positions and the Electrical Department, that of Signal Maintainer and Secretary/Administrative Assistant. The duties of the Signal Maintainer ads and maintained 22 interceptions of traffic signals and also maintain the 14 circuits of approximately 200 firebox is on a 24-hour, seven day a week basis. We are rapidly accumulating an unacceptable backlog of repairs which are critical to public safety. The duties of the Secretary/Administrative Assistant are to handle and schedule the maintenance and receive calls from schools, hospitals, nursing homes and rooming houses for fire alarm safety tests. There have been 100 tests since June 1. This person is also responsible for the $40,000 per month bill schedule in a timely manner to avoid interest charges. These positions have been vacated for almost a month and in this time I have evaluated the need to fill them. In recognition of the financial condition of the City and the need for everyone to do more with less, I hear-in recommend that: 1. The positions of two signal maintainers be replaced with one signal maintainer who shall be a licensed electrician and can assist in related electrical work, thereby, saving one salary. 2. The position of Administrative Assistant be reduced in cost to that of Principal Clerk, thereby saving the difference in salary and benefits. 3. To ensure a direct route to the principals involved, such as the Police Chief in the case of traffic signals, the Fire Chief in the case of fire alarm circuits, property owners, contractors, Mass. Electric engineers, cable-TV, the Telephone Company engineers and others needing direct communication regarding electrical concerns relating to the City, these positions remain under the control of the City Electrician as a Department Head and under the Mayor and Board as has been the case for the past 70 years. These recommendations promote the most direct delivery of service, and least jeopardy to public safety and precise accountability to all concerned. Thank you for your consideration in this matter. If I can provide further information, please call me at 921-6024. Sincerely, Frederick Young City Electrician Referred to Finance and Property. Sept. 30, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Aldermen: We have been asked to look into a parking problem at the Ayers / Ryal Side school. When vehicles park on the right, southerly side, of Woodland Avenue traffic cannot proceed safely in two directions. Mr. Edward McDonald, Principal, has come up with a partial solution, see his attached letter, and we believe by restricting the parking on the southerly side, from Kernwood Heights to the paved access road of the school, the problem will be resolved in interest of safety to the schoolchildren. Please take the necessary action to amend the City of Beverly Revised Ordinance, Chapter 14, Section 120, as follows: ADD: Woodland Avenue, southerly side, from Kernwood Heights to the paved access road of the Ayers / Ryal Side School. Respectfully submitted, Dennis O. Tarsook Officer-in-Charge-Division II Referred to Public Service and Aid. October 1, 1922 Board of Aldermen City of Beverly Dear Board Members: I hereby recommend the following for a Drain Layers License in the City of Beverly: Filias Construction, Inc. P. O. Box 1588 Manchester, MA 01944 Very truly yours, George Zambouras Commissioner of Public Works Referred to Legal Affairs and Accounts. COMMUNICATIONS, APPLICATIONS AND PETITIONS: Communication from Simone Acciavatti & Stephen Archer re: acceptance of Dickinson Way as a Public Way. Referred to Legal Affairs and Accounts. Request from Paul’s Mobil to have self-serve and full-service islands. Referred to Legal Affairs and Accounts. Request for Water Abatement - Carroll’s Florist. Referred to Public Service and Aid. Petitions relative to hiring procedures Referred to Finance and Property. Petition - request for speed bumps on Bresnahan, Story and Dearborn Avenues. Referred to Public Service and Aid. REPORTS FROM COMMITTEES: The Committee on Finance and Property to whom is referred the matter of order to establish user fees for trash collection have considered said matter and beg leave to report as follows, to wit: No further action. Order at once and adopted. The Committee on Finance and Property to whom is referred the matter of order to establish user fees for library use 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 Mayor’s request to reduce FY 93 budget by $500,000 (Reserve for Unforeseen) 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 Mayor re: appointment of Building Inspector have considered said matter and beg leave to report as follows, to wit: Submitted the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen request that the position of Building Inspector be filled by His Honor the Mayor after advertising position and interviewing all qualified candidates. Order read once and tabled. The Committee on Finance and Property to whom was referred the matter of communication from Project RAP re: collaboration at Senior Center “Bridging the Generations” project have considered said matter and beg leave to report as follows, to wit: Submitted the accompanying order and recommend its adoption. ORDERED: That Board of Aldermen do hereby lend its support to the collaborative effort between the Beverly Senior Center and the “Bridging the Generations” project of Project RAP. A legal opinion is being sought as to the ability of having rent paid directly to the City of Beverly, rather than to the Council on Aging; and as to any restrictions of the grant which would prohibit such collaboration. Order read once and return to Committee on Finance and Property. The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance relative to regulations for dog control have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the Ordinance. Ordinance was read once and return to Committee on Legal Affairs and Accounts. The Committee on Legal Affairs and Accounts to whom was referred the matter of claim - Mrs. Mazzetta, Seabrook, N.H. have considered said matter and beg leave to report as follows, to wit: No further action. The Committee on Legal Affairs and Accounts to whom was referred the matter of Planning Board recommendation for Public Hearing- Zoning map change - Summit Ave. Have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen and the Planning Board hold a Joint Public Hearing on Monday, November 2, 1992 at 7:30 p.m. in the Aldermanic Chambers, third floor, City Hall relative to the zoning map change proposal for Summit Avenue - Lot 68 - a change from RMD to CC and two other zoning proposals. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of application for Five (5) Automatic Amusement Devices - Borah’s, 185-191 Rantoul St., have considered said matter and beg leave to report as follows, to wit: Recommend the licenses be granted after approval of the Police Chief. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of claim - James Powers, Beverly, MA 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 Planning Board recommendation for Public Hearing - Zoning Ordinance change - construction near Wenham Lake have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen and Planning Board hold a Joint Public Hearing on Monday, November 2, 1992 at 7:30 p.m. in the Aldermanic Chambers, third floor, City All relative to the proposed zoning amendment which would prohibit construction within 150 ‘ of Wenham Lake and two other zoning proposals. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Planning Board recommendation for Public Hearing - Zoning Ordinance change, amendments to language of “CG” zoning district have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen and Planning Board hold a Joint Public Hearing on Monday, November 2, 1992 at 7:30 p.m. in the Aldermanic Chambers, third floor, City Hall relative to the proposed zoning amendment which changes language of “CG” zoning district and two other zoning proposals. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of request from Mayor to sign easement for installation of Mass. Electric equipment at new library have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached easement, as amended, for the installation of equipment at the new library. The amendment identifies the location of the equipment on library property at the corner of Winter and Essex Streets. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor’s request for authorization to sign lease between City of Beverly and Federal Aviation Administration have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached lease between the City of Beverly (Airport Commission) and the Federal Aviation Administration. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor’s request for authorization to sign assignment of Gunard lease have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the assignment lease, transferring the Beverly Airport Commission lease from Gunard Manufacturing, Inc.. to Mr. John Mullen of North Hartland, Vermont. Order read once and adopted. The Committee and Legal Affairs and Accounts to whom was referred the matter of Mayor’s request for authorization to sign amended lease with General Aviation Services, Inc. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached amended lease with General Aviation Services, Inc.for property at Beverly Airport. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Planning Board re: acceptance of portion of Thaxton Road have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the easterly portion of Thaxton Road, approximately five hundred feet long, and defined on the attached map, be accepted as a Public Way by the Board of Aldermen, in accordance with the recommendation of the Commissioner of Public Works and the Planning Department. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of request from YMCA to waive permit fees for Automatic Amusement Devices Licenses have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen to waive permit fees for the Automatic Amusement Device Licenses at the YMCA Teen and Community Center on Balch Street. While the fees are waived, the requirement that permits be obtained still prevails. Order read once and adopted. The Committee in Legal Affairs and Accounts to whom was referred the matter of communication from John Nicholson re: tenant at 81 Rantoul St. 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 Legal affairs and Accounts to whom was referred the matter of application Automatic Amusement Device License - LaFiesta, 116 Rantoul St. Have considered said matter and beg leave to report as follows, to it: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen hold a Public Hearing on Monday, October 19, 1992 at 7:55 p.m., third floor, City Hall relative to the application of LaFiesta, 116 Rantoul St. for one (1) new automatic amusement device (six are in place). Order and once and adopted. That the Committee on Legal Affairs and Accounts to whom was referred the matter of application Automatic Amusement Device License - Family Lounge, 374 Rantoul St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen hold a Public Hearing on Monday, October 19, 1992 at 7:50 p.m. third floor, City Hall relative to the application of Family Lounge, 374 Rantoul St. for one (1) new automatic amusement device (four are in place). Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of application Limousine License - Grondin Funeral Home have considered said matter and beg leave to report as follows, to wit: Recommend license be granted. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of application Antiques License- Penny Van Dell, 132 Dodge St. have considered said matter and beg leave to report as follows, to wit: Recommend license be granted. Order read once and adopted. nd The Committee on Legal Affairs and Accounts to whom was referred the matter of 2 CMVDL Paul Chouinard d/b/a Auto Body Care Plus, 42 Park St. have considered said matter and beg leave to report as follows, to wit: Recommend license be granted with the provision that a fence must be installed within six months. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of request Board of Aldermen accept $10,000 bid threshold 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 Public Service and Aid to whom was referred the matter of communication from Finance Director re: changing bid limits have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Board of Aldermen accept all the provisions of M.G. L. Chapter 30 B thereby raising the threshold for a required sealed bid process to $10,000. Any purchase made from $1000 to $10,000 will require three quotes, fully documented, before any payment will be made. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of request for removal of live tree, 31 Hillcrest 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 Board of Aldermen hold a Public Hearing on Monday, October 19, 1992 at 7:58 p.m. relative to the removal of a live tree at 31 Hillcrest Avenue as recommended by the Commissioner of Public Works. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of request for removal of live tree, 61 Matthies St. have considered said matter and beg leave to report as follows, to wit: Tree to be removed at the homeowner’s expense. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of Mass. Electric petition for installation of conduits in Winter Street have considered said matter and beg leave to report as follows, to wit: ORDERED: That the Board of Aldermen hold a Public Hearing in the Aldermanic Chambers, third floor, City Hall on Monday, October 19, 1992 at 7:56 p.m. relative to the installation of four (4) 4" PVC conduits in Winter Street. Order read once and adopted. MOTIONS AND ORDERS: By Alderman Battistelli ORDERED: That the Board of Aldermen pass an ordinance requiring all residences and businesses to tie into the city sewer system within one year of the sewer installation. Referred to Legal Affairs and Accounts. By Aldermen Doherty & Reinecke: ORDERED: That section 12 – 33, subsection (i), of the Revised Ordinances of the City of Beverly, governing the licensing of Automatic Amusement Devices, be amended by changing the requirement to advertise in two (2) local newspapers to one (1) newspaper and by requiring notification to abutters only, and not to abutters to abutters. Referred to Legal Affairs and Accounts. By Alderman Fallon ORDERED: That the Board of Aldermen rescind the vote on the Order #399, the order requiring our State Representative to file home rule legislation relative to a new funding schedule for the Contributory Retirement Board of the City of Beverly. Referred to Financing Property. By Alderman Hannibal: ORDERED: That after each audit of the City accounts, the Finance Director supply to the Committee on Financing and Property and to any other interested Aldermen, a true and attested copy of said audit. Referred to Financing and Property. By Alderman Hannibal: ORDERED: That the Auditor of the City of Beverly supply to the Finance Committee and to any other interested Alderman, a copy of all audits done by Grant Thornton since 1984 to the last audit done by this company. Referred to Finance and Property. By Alderman Hannibal: ORDERED: That the Auditor of the City of Beverly supply the Financing and Property Committee with a true copy of the last audit done by Melanson, Greenwood & Co. Referred to Financing and Property. By Alderman Reinecke: Whereas the City of Beverly Financial Director provided a balance sheet which shows a total equity of $847,405 on June 30, 1991, and Whereas the auditing firm of Melanson, Greenwood and Company provided an audit balance sheet for the City of Beverly for June 30, 1991 which shows a total fund equity of MINUS $5,746,627 BE IT ORDERED that the auditing firm of Melanson, Greenwood and Company be called before the Board of Aldermen to provide a post audit debriefing. Referred to Finance and Property. MEETING ADJOURNED: 10:20 p.m. Attest: Constance E. Perron City Clerk