1992-10-19Records of the Board of Aldermen
7:58 p.m.#400 A Public Hearing was held relative to the removal of a live tree at 31 Hillcrest.
Referred to Public Service and Aid.
7:56 p.m.#420 A Public Hearing was held relative to the petition of Mass. Electric for conduits
in Winter St.
Referred to Public Service and Aid.
7:55 p.m.#421 A Public Hearing was held relative to application of LaFiesta for additional
Amusement Device Licenses.
Referred to Legal Affairs and Accounts.
7:50 p.m.#422 A Public Hearing was held relative to the application of Family Lounge for
additional Amusement Device Licenses.
Referred to Legal Affairs and Accounts.
REGULAR MEETING OF THE BOARD OF ALDERMEN, OCTOBER 19, 1992
ROLL CALL: Alderman Battistelli did not attend. All other Aldermen were present.
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Alderman Troubetaris
CONFIRMATIONS:
The following appointments were confirmed:
#431 Inspector of Buildings - Richard Montoni
#432 Assistant City Solicitor - Benjamin Eisenstadt
#433 City Solicitor - Michael Lauranzano
#434 Constable - Kenneth R. Valliere
#435 Beverly Harbor Management Authority - Greg Senko and James Trask
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
October 19, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Honorable Board:
I hereby request that your Honorable Board authorize the payment of prior fiscal year’s bills from
City Solicitor’s Department as per the attached communication from the current fiscal year 92-93
Budget.
Very truly yours,
F. John Monahan
Mayor
Referred to Finance and Property.
October 19, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Honorable Board:
A key part of the City’s plan to turn around our present fiscal situation is the aggressive collection
of outstanding and current receivables.
I submitted to you a new collections procedure which many cities and towns are currently
implementing including Marblehead, Danvers, and Lynn amongst others.
I am grateful for the Legal Affairs and Accounts Committee report recommendations supporting 99
% of the plan. However, I must respectfully ask the Legal Affairs and Accounts Committee to
rescind its vote which deleted the penalty charge for overdue water and sewer bills.
It is vitally important in order to collect overdue water receivables and in fairness to the majority of
people who do pay their water bills on time that a 15 % late penalty charge or a flat rate of $25 late
charge be established. The flat rate of $25 would reduce our collection cost and pay for the
expensive administrative costs incurred by the City in collecting overdue water receivables.
I respectfully request that your Honorable Board take action this evening.
Very truly yours,
F. John Monahan
Mayor
Referred to Legal Affairs and Accounts.
October 19, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Honorable Board:
A fundamental permanent restructuring and change in the City has and is continuing to be
implemented by you and I for the past three years. Basically the city government, particularly the
labor costs and number of personnel, were too large and out of line for a city of 37,000 people. In
order to provide Beverly with a government befitting a small city, a government which the people can
afford, we have cut and streamlined the City bureaucracy which will allow Beverly to function in the
90s, in a recessionary, deflationary economy under Proposition 2 ½.
Moody’s and several School Committee members are suggesting that we override Proposition 2 ½
in order to make the city work.
I reject and oppose any attempt to override 2 ½ as property taxes are still too high in Beverly and
Massachusetts. People are having great difficulty paying property taxes and the City is having great
difficulty collecting property taxes. We can and will reserve our present financial trend through
further reductions of personnel, aggressive collection of outstanding receivables and current
receivables.
For example, you and I through this administration’s No Hire, No Fire Policy have reduced the City-
side budget labor costs in excess of $3,000,000 and general further budget reductions of $1,000,000.
Because education is the first priority of this City, we have cut and strapped the City-side of the
budget in order to allow optimum dollars for education. The School Budget has increased
approximately $2 ,000,000 while we cut the City-side by $4,000,000 (Note: We have made the cuts
on the City-side of the budget where we have direct control.)
However, even considering our largess in the interest of education, the previous and present School
Committee and administration essentially chose not to participate in reducing non-teaching labor costs
through attrition and No Higher, No Fire and have stated in budget deliberations that they preferred
to make necessary cuts including layoffs when requested.
Recently, as a result of early retirement initiatives, 17 non-teaching positions became vacant in the
schools. Despite my objections, the School Committee and administration chose to fill the majority
of these positions. Assuming the average salary with benefits represented $20,000 the savings in the
present School Budget would have been $340,000.
The present fiscal situation of the City cannot be resolved by labor costs reductions in only ½ of the
City budget over which you and I have direct control and have made the difficult decisions but must
be shared by the entire City payroll including the School establishment.
The banks and the Department of Revenue have indicated if we, the Mayor, Board of Aldermen, and
School Committee, do not immediately address and take action the fiscal situation will not be
resolved.
The School Committee has asked that we request their cooperation in writing. I respectfully request
that you go co-sign the attached communication.
Very truly yours,
F. John Monahan
Mayor
Referred to Finance and Property.
October 19, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Honorable Board:
I hereby request that sure Honorable Board authorize the Mayor to sign the attached request for
Verification of Taxation Reporting Information from the Commonwealth of Massachusetts in
conjunction with payment to the City of Beverly any amount of $56,322.19 for the parcel of land
taken as described on the attached Notice of Taking.
Very truly yours,
F. John Monahan
Mayor
Referred to Legal Affairs and Accounts.
October 19, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Honorable Board:
I hereby request that your Honorable Board authorize the Mayor to sign the attached agreement
between the City of Beverly and Twentieth Century Fox for use of Lynch Park as a filming site for
the film entitled “The Good Son”.
John Fairbank has indicated that Twentieth Century Fox is willing to make a donation and he amount
of $10,000 to the City Treasury.
I further request that your Honorable Board take action on this request this evening due to time
constraints.
Very truly yours,
F. John Monahan
Mayor
Referred to Legal Affairs and Accounts.
October 19, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Honorable Board:
I hereby promote, subject to your confirmation, the following to the position of Police Sergeant in
the Beverly Police Department effective November 3, 1992;
Mark A. RayPhilip E. McCarthy
55 Sherwood Avenue12 Madonna Drive #19
Danvers, MA 01923Hamilton, MA 01936
Very truly yours,
F. John Monahan
Mayor
Laid over for confirmation.
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
October 16, 1992
Board of Aldermen
City Hall
Beverly, MA 01915
Dear Members of the Board:
The Senior Center Building Commission is pleased to announce that the Beverly Senior Center is
ready for your formal acceptance.
We have several minor outstanding issues and we will be proceeding with this work over the next
several weeks. An example is the installation of a fence along the ledge and between an abutter’s
property. The change order for this was approved, but delayed beyond the contract documents due
to vacations. We decided to finalize everything with the contract and finish the small items outside
the contract, using the traditional bidding process. We have specifications that will have been
approved and these will be used. Also, signage will be installed shortly.
We would also like to recommend that George Larcom, Clerk of Works remain on the site until
October 30th. This will help facilitate an easy transition for the Council on Aging staff, and help to
answer any of their questions on the mechanical systems, etc. He has worked hard to ensure the
City’s best interest, and we feel that the request for two weeks additional involvement is both
warranted and continues in the City’s interests.
It has been an interesting and unique experience for us to serve on the Commission. We are pleased
that we have been able to represent our community on such a valuable project. Please let us know
if there are any questions.
Sincerely,
Robert Marshall, Jr., Pietro Nuccio, Linda Cragin
Referred to Finance and Property.
October 19, 1992
Honorable Board of Aldermen
City of Beverly
Gentlemen:
Please find attached for your approval that Call for the Election for the State Election of November
3, 1992. This Call for the Election delineates the positions contested as well as the polling places for
the election.
Sincerely,
Constance E. Perron
City Clerk
Receive and place on file.
October 13, 1992
Honorable Board of Aldermen
City Hall
Beverly, MA 01915
Dear Members of the Board:
For the past year and a half, a number of North Shore communities have been working with the Essex
County Planning Office to form a “HOME Investment Partnership Consortium”. This Consortium
is in the process of submitting an application to the Department Housing and Urban Development for
grant funding which would be used primarily to provide funds for rehabilitation of housing for
Beverly’s low and moderate income residents.
The application package must contain a resolution of the legislative body from each of the
participating communities; the resolution must authorize the Chief Elected Official to enter into the
cooperative agreement and the knowledge that membership in the Consortium makes Beverly eligible
to receive these grant funds.
Attached is a resolution containing language mandated by the grant application guidelines. If you find
it acceptable, please approve it at your earliest convenience and return it to me. I will then forward
it to the appropriate person for inclusion in the grant package.
Respectfully,
Tina Cassidy
Referred to Legal Affairs and Accounts.
COMMUNICATIONS, APPLICATIONS AND PETITIONS:
Communication from George L. Batchelder relative to Firearms Discharge in the City.
Referred to Legal Affairs and Accounts.
Communication from David Papa re: Dunham Castle Condos.
Referred to Legal Affairs and Accounts.
Communication re: Millis Plumbing unpaid bill.
Received and placed on file.
Communication re: re-issued water/sewer bills.
Referred to Public Service and Aid.
Application - Department of the Environmental Protection relative to Salem-Beverly Transportation
Project.
Received and placed on file.
Application for Antique & Junk License - seven Rantoul St., Donald Rainville.
Referred to Legal Affairs and Accounts.
Application for one day auctioneers license - Julie Tache.
Referred to Legal Affairs and Accounts.
Application for Automatic Amusement Device License - Beverly Regional YMCA Teen and
Community Center.
Referred to Legal Affairs and Accounts.
Application for Third CMVDL Wayne’s World of Automatic Services, 2 Margin St.
Referred to Legal Affairs and Accounts.
Claim - Jane-Ellen Surels, 433A Cabot St.
Referred to Legal Affairs and Accounts.
Water Abatement or - Helen Costello, 14 Cliff St.
Referred to Public Service and Aid.
Water Abatement - Mark Isenberg, 30 Simon St.
Referred to Public Service and Aid.
Water Abatement - Steven & Linda Hirschfeld, 35 Chase St.
Referred to Public Service and Aid.
Communication from Jubilee Yacht Club relative to Maple Ave.
Referred to Legal Affairs and Accounts.
Request for parking space in front of handicapped person’s home.
Referred to Public Service and Aid.
REPORTS FROM COMMITTEES:
The Committee on Finance and Property to whom is referred the matter of communication from
Project RAP re: collaboration at Senior Center with “Bridging the Generations” Project 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 is referred the matter of communication from City
Electrician re: staffing needs in Department 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 Finance and Property to whom is referred the matter of Petition re: hiring of
Assistant City Solicitor and Building Inspector 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 Financing Property to whom is referred the matter of order for Finance Director
to provide audit report to Financing Property after each audit have considered said matter and beg
leave to report as follows, to wit:
Recommend adoption of the Order.
ORDERED: That after each audit of the City accounts, the Finance Director supply to the Committee
on Finance and Property and to any other interested Aldermen, a true and attested copy of said audit.
Order read once and adopted.
The Committee on Finance and Property to whom is referred the matter of order for Finance Director
to supply last audit report done by Melanson, Greenwood & Company considered said matter and
beg leave to report as follows, to wit:
Recommend adoption of the Order.
Order read once and adopted.
The Committee on Finance and Property in the matter of Assistant City Solicitor’s position have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: His Honor the Mayor be, and the same is hereby requested to provide a job description
for the position of Assistant City Solicitor. This should include an outline of the duties and
responsibilities, the hours of work at City Hall, the Term of the appointment.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom is referred the matter of Claim - Mabel Selin
have considered said matter and beg leave to report as follows, to wit:
Receive and place on file (City Solicitor as file)
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom is referred the matter of Mayor’s request
for adoption and Chapter 40, Section 57 relative to licenses and permits that delinquent taxpayer is
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and ordnance and recommend their adoption.
ORDERED: That Board of Aldermen accept the provisions of Chapter 40, Section 57 of Mass.
General Laws, as amended, allowing the denial of licenses and permits to delinquent taxpayers.
Ordinance attached is required.
In the year one thousand nine hundred ninety-two.
AN ORDINANCE amending Chapter 12 Licenses and Business Regulations of the Beverly Revised
Ordinances by adding a new Part XV to read as follows:
ARTICLE IV. LOCAL LICENSES AND PERMITS: DENIAL, REVOCATION AND
SUSPENSION FOR FAILURE TO PAY MUNICIPAL TAXES OR CHARGES.
Section 12-363. Denial of License.
(a) The City Collector / Treasurer shall annually furnish to each department, board, commission or
division, hereinafter referred to as the licensing authority, that issues licenses or permits including
renewals and transfers, a list of any persons, corporation or business enterprise, hereinafter referred
to as the party, that has neglected or refused to pay any local taxes, fees, assessments, betterments,
or other municipal charges who have not paid said local taxes, fees, assessments, betterments, or
other municipal charges for over a (12) month period. This ordinance shall not apply to any party
who has file in good-faith a pending application for an abatement of such tax or has a pending petition
before the Appellate Tax Board.
(b) The licensing authority may deny, revoke or suspend any license or permit, including renewals and
transfers of any party whose name appears on said list furnished to the licensing authority from the
tax collector, provided, however, that written notice is given to the party and the tax collector, as
required by applicable provisions of law, and the party is given a hearing, to be held not earlier than
fourteen days after said notice. Said list shall be prima facie evidence for denial, revocation or
suspension of said license or permit to any party. The Tax Collector shall have the right to intervene
in any hearing conducted with respect to such license denial, revocation or suspension. Any findings
made by the licensing authority with respect to such license denial, revocation or suspension shall be
made only for the purposes of such proceeding and shall not be relevant to or introduced in any other
proceeding at law, except for an appeal from such license denial, revocation or suspension. Any
license or permit denied, suspended or revoked under this section shall not be reissued or renewed
until the license authority receives a certificate issued by the tax collector that the party is in good
standing with respect to any and all local taxes, fees, assessments, betterments are other municipal
charges, payable to the municipality as of the date of issuance of said certificate.
(c) Any party shall be given an opportunity to enter into a payment agreement, thereby allowing the
licensing authority to issue a certificate indicating said limitations to the license or permit and the
validity of said license shall be conditioned upon the satisfactory compliance with said agreement.
Failure to comply with said agreement shall be grounds for the suspension or revocation of said
license or permit; provided, however, that the holder be given notice and a hearing as required by
applicable provisions of law.
The Board of Aldermen may waive such denial, suspension or revocation if it finds that there is no
direct or indirect business interests by the property owner, its officers or stockholders, if any, or
members of his immediate family, as defined in section one of Chapter two hundred sixty-eight in the
business or activity conducted in or on said property.
This Board and shall not apply to the following licenses and permits: open burning, section thirteen
of Chapter forty-eight; bicycle permits; section eleven A of Chapter eighty-five; sale of articles for
charitable purposes, section thirty-three of Chapter one hundred one; children’s work permits, section
sixteen nine of Chapter one hundred forty-nine; clubs, associations dispensing food or beverage
licenses, section twenty-one E of Chapter one hundred forty; the licenses, section one hundred thirty-
seven of Chapter one hundred forty; fishing, hunting, trapping license, section twelve of Chapter one
hundred thirty-one; marriage licenses, section twenty-eight of Chapter two hundred seven and
theatrical events, public exhibition permits, section one hundred eighty-one of Chapter one hundred
forty.
The Committee on Legal Affairs and Accounts to whom is referred the matter of Mayor’s request
to adopt collection procedures for over to water / sewer bills 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 hereby accept the attached collection procedures
recommended by the Acting Collector / Treasurer and the Commissioner of Public Works, with the
following exceptions:
a) 14 % interest will be assessed for late payment
b) The termination charge will be called a re-connection charge
c) the date of implementation to be determined by the Finance Director (hopefully, December
1, 1992)
Order read once and amended to read as above.
The Committee on Legal Affairs and Accounts to him was referred the matter of application - Drain
Layer’s License - Fileas Construction, Manchester MA 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 is referred the matter of request from Paul
Najim to operate Paul’s Mobil at 61 Cabot St. with one service island and one self-service island have
considered said matter and beg leave to report as follows, to wit:
Recommend permission to granted.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom is referred the matter of order for ordinance
amendment - Automatic Amusement Device License 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 ninety-two.
AN ORDINANCE: commanding and ordinance entitled “Licenses and Business Regulations” relative
to Article II AUTOMATIC AMUSEMENT DEVICES.
Be it ordained by the Board of Aldermen of the City of Beverly as follows:
Chapter 12, Section 33, or Subsection (i), of the Revised Ordinances of the City of Beverly, 1989,
eat and the same is hereby amended by making the following changes:
Section 12-33 (i): Delete the phrase “in a minimum of two (2) local newspapers” and replace it with
the phrase
“in one (1) newspaper of general circulation”.
And further amended by deleting the phrase
“and the abutters to the abutters”
This Ordinance to take effect upon passage.
Ordinance read once and adopted.
th
In or the Committee and Legal Affairs and Accounts to whom is referred the matter of 20 Century
Fox’ request for use of Lynch Park for filming 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 hereby authorize Is Honor the Mayor to sign the attached
th
agreement with 20 Century Fox Film Corporation for rights to filming and Lynch Park, provided
that bond is posted in accordance with an amount to be determined by Public Works Commissioner,
and the contract should be amended to Court jurisdiction the State of Massachusetts.
Order read once and adopted.
The Committee on Legal Affairs and Accounts to whom was referred the matter of request for
resolution re: “HOME Investment Partnership Consortium” or have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying resolution and recommend its adoption.
RESOLUTION CONCERNING A COOPERATIVE AGREEMENT WITH SEVERAL NORTH
SHORE COMMUNITIES TO FORM A HOME INVESTMENT PARTNERSHIP CONSORTIUM
It is hereby resulted the Mayor, as Chief Elected Official of City of Beverly, Massachusetts, is
authorized to enter into a corporate agreement with North Shore communities for the purpose of
forming a HOME Investment or Partnership Consortium.
It is further resolved that by joining this Consortium, the City of Beverly and other members of the
Consortium will be eligible to receive HOME Program funding from the Department of Housing and
Urban Development which will provide programs such as housing rehabilitation and mortgage
assistance to Beverly’s low / moderate income residents.
By the Board of Aldermen of the City of Beverly.
The Committee on Public Service and Aid to whom was referred the matter of request for removal
of live tree, 12 Evergreen Drive have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the Public Works Department be, and the same are hereby order to trim all the
dead branches from the tree in front of 12 Evergreen Drive.
AMENDED to read removal of tree.
Order read once and adopted.
The Committee on Public Service and Aid to him was referred the matter of water abatement request
- Leandor Noriega for property at 33 Federal Street and 1Arthur Court 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 Order for
Commissioner of Public Works to provide sidewalk improvement program have considered said
matter and beg leave to report as follows, to wit:
Recommend adoption of the order.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of communication from
Principal of Edwards School re: traffic situation area have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That the Police Department be, and the same is hereby requested to make a study and
recommendation relative to the proposals submitted in the attached letter from Don Argyrople,
Principal of Abraham Edwards School.
Order read once and adopted.
The Committee on Public Service and Aid to whom was referred the matter of communication from
Police Department re: parking on Woodland Avenue 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 ninety-two
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 Board of Aldermen 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 hereby amended by adding thereto the following:
Sec. 14-120 “Woodland Ave., southerly side, from Kernwood Heights to the paved access
road of the Ayers / Ryal Side School”
This ordinance to take effect upon passage.
Ordinance read once and adopted.
Order #451 removed from committee. Request that Melanson, Greenwood & Company meet with
BOA and bankers.
MOTIONS AND ORDERS:
By Alderman Troubetaris:
ORDERED: That the Board of Aldermen vote to rescind order #210 of 1992, the $350,000 bond
authorization order for the repairs to the Hardie School Building.
Referred to Finance and Property.
By Alderman Troubetaris:
ORDERED: To the Board of Aldermen study the feasibility of using the Ryal Side Fire Station as a
base for one of the Lifeline ambulances contracted by the City.
Meeting adjourned: 11 p.m.
Attest: Constance E. Perron
City Clerk