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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