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1992-03-02RECORDS OF THE BOARD OF ALDERMEN REGULAR MEETING OF THE BOARD OF ALDERMEN , MARCH 2, 1992 ROLL CALL: All Aldermen were present. PLEDGE OF ALLEGIACE TO THE FLAG: Led by alderman Troubetaris CONFIRMATIONS: The following appointments were confirmed: #125 Appointment- Safety Facility Building Commission-Steven Atherton, Leland McDonough, Joseph Nichols #126 Appointment-Zoning Board of Appeals-Alternate member-Scott Houseman. #128 Appointment-Special Police-Emhart Industries. COMMUNICATIONS FROM HIS HONOR THE MAYOR: February 27, 1992 Mrs. Constance Perron City Hall Beverly, MA 01915 Dear Mrs. Perron: In accordance with the attahced City Solicitor's opinion to the Planning Director I hereby veto order #104 as non-applicable regarding this position. I look forward to working with the honorable Board of Aldermen to resolve this matter in accordance with the City Charter Section 33 and the internal administrative policy of the City. Very truly yours, F. John Monahan Mayor Aldermen vote for reconsideration 9-0 Reconsideration passes 9-0 March 2, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby request a transfer of Two Thousand Eight Hundred Fifty Dollars ($2,850.00) to account "Street Lighting" from account "Reserve Fund - FY 92." Said sum of money to be expended under the direction of the City Electrician and is to be used to install two street lights on Knowlton Street. Attached is a communication from Frederick Young concerning this request. Very truly yours, F. John Monahan Mayor Referred to Finance and Property Mar. 2, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby submit for your approval and signature the attached Resolution concerning the Beverly High School Gymnastic Team. Very truly yours, F. John Monahan, Mayor Read once and accepted by the Board. 9-0 RECORDS OF THE BOARD OF ALDERMEN March 2, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Baord: I am notifying you that Thomas Fleming has been appointed Acting Community Development Director effective Thursday, February 27, 1992. This position is being filled on an emergency basis as the City's Community Development Block Grant of $709,000 must be administered. The appointment will be in effect until receipt of the Planning Board recommendation to fill the position on a permanent basis. As you know, according to City Solicitor Tom Alexander's opinion this position is an appointment of the Mayor with confirmation by your Honorable Baord. This Executive position was previously advertised without authority. The hiring freeze is in effect and I will utilize Executive authority under Section 33 of the Charter to maintain internal hiring freeze policy. Very truly yours, F. John Monaban Mayor Laid over for Confirmation. March 2, 1992 Honorable Baord of Adlermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby appoint, subject to your confirmation, Mr. Arthur Powell, 60 Rantoul St., #312N Beverly Ma to serve as a member of the David S. Lynch Public Parks Fund Trustees. He will fill the unexpired term of Thomas P. Brown and his term will be effective until Sept. 30, 1993. Very truly yours, F. John Monahan Mayor Laid over for Confirmation. March 2, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby appoint, subject to your confirmation, the following persons to serve as members of the Department of Civil Defense and Emergency Planning: Mr. James H. Cavanaugh, 4 Adams Ave., Danvers Ms. Cheryl G. Milan, 3 Robb Rd., Beverly, MA Mr. Richard Sweeney, Jr., 6 Porter St., Beverly, Mr. Stuart Whenal, 37 Bartlett St. Attached is a communication from Civil Defense Director, Mark Foster requesting appointment of these citizens. Very truly yours, F. John Monahan Mayor Laid over for confirmation RECORDS OF THE BOARD OF ALDERMEN March 2, 1992 Honorable Board of Aldermen City Hall Beverly, MA 01915 Dear Honorable Board: I hereby appoint the following citizens to serve as members of the Mayors Briscoe - 3 Essex St. - Reuse Committee: Rev. Richard Johnson, Pastor, St. Mary Church, 253 Cabot St. Mr. Andrew McKown, 9 Tyler Rd. Very truly yours, F. John Monahan Mayor Receive and Place on File COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: Feb. 24, 1992 Honorable Board of Adlermen City Hall Beverly, MA 01915 Dear Aldermen, Could you please take the necessary action to amend City of Beverly Revised Ordinance chapter 14, section 123, Fifteen Minute Parking, as follows: ADD: Webster Avenue, easterly side, from Haskell Street one-hundred fifty (150) feet northerly Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Referred to Legal Affairs annd Accounts. Feb. 27, 1992 Board of Aldermen City Of Beverly 191 Cabot St. Beverly, MA Dear Aldermen On behalf of the Centerville Improvement Society, I would like to cordially invite you to attend a "Centerville Day" on June 13, 1992, which will revolve around the dedication of the 128 Playground to the Harry S. Ball Playground. The ceremonies will commence with a parade leaving the Centerville School at 10:00 am, and proceeding via Hull and Essex Streets to the playground. Scheduled to be included in the parade are city officials, fire department apparatus, and color guard, Boy Scouts, Girl Scouts, Cub Scouts, Brownies, Little League teams, and possibily the high school band. A brief dedication ceremony will be conducted at the playground followed by a Little League ball game. Food conessions will be available during the ball game. Though attendance is not mandatory, it will be noted. Very truly yours, Thomas C. Fallon Alderman - Ward 6 Receive and Place on File. RECORDS OF THE BOARD OF ALDERMEN Dear Aldermen The Youth Services Department is requesting permission from the surplus of furniture from the library be used for a yard sale. This is one creative way we can raise money in these difficult times. Thank you for your time and consideration. Sincerely, Timothy P. Flaherty Youth Services Director Referred to Finance and Property. COMMUNICATIONS, APPLICATIONS AND PETITIONS: Communication from North Shore Regional Vocational School--request to put sign on sidewalk March 12, 1992. Referred to Public Service and Aid. Request from Beverly Regional YMCA to use city streets for triathalon on May 16, 1992 Referred to Public Service and Aid. Request from Sandra J. Ramsdell, 65 Brimbal Ave. to dig up tennis court which encroaches on City property. Referred to Legal Affairs and Accounts. Application for Amusement Device License-Brothers Restaurant & Dell. Referred to Legal Affairs and Accounts. REPORTS FROM COMMITTEES: The Committee on Finance and Property to whom was referred the matter for request from John Archer to move building from 19 Dane Street to Winter Street 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 grant permission for the moving of a building from 19 Dane Street to Winter Street, in accordance with the route approved by the Commissioner of Public Works and the conditions established by the Chief of Police. Approval has been granted by the Building Inspector for the location and insurance certificates are filed with the City Clerk. Order read once and adopted. The committee on Finance and Property to whom was referred the matter of Mayors request for transfer to account "City Electrician-Traffic Light Controller" ($7,140.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the sum of Seven Thousand one Hundred Forty Dollars ($7,140.00) be, and the same is hereby transferred from account "Reserve Fund-FY91-92" to account "City Electrician-Traffic Light Controller", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the City Electrician. Be it further ordered that this matter be referred to the Committee on Legal Affairs and Accounts to consider the possibility of insurance reimbursement for this amount. Order read once and passed to a second reading laid over under charter provisions. Copy sent to Legal Affaris and Accounts RECORDS OF THE BOARD OF ALDERMEN The Committee on Finance and Property to whom was referred the matter of request for authorization to pay prior fiscal year bill from current budget ($52.50) 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 pay a prior fiscal year bill of $52.50 to Essex County Newspapers from this current year budget. Order read once and adopted. The Committee on Finance and Property to whom was referred the matter of Board of Aldermen accept donation from Vittori Rocci Post for WWII Memorial Plaque 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, with gratitude, the generous donation of Five Hundred Dollars ($500.00) from Vittori-Rocci Post, to be used towards the purchase of a World War II Memorial Plaque. The committee on Finance and Property to whom was referred the matter of request for declaration of surplus property-Clerk of Committees have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the following be declared surplus property, as recommended by the Clerk of Committees: 1. Mosler Safe Model #11 (50" x 72" x 29") 2. Small Green Safe (26" x 37" x 21") 3. Voucher File (33" x 54" x 18") 4. Old wooden desk - badly damaged (41" x 32") 5. Black executive desk - poor condition (30" x 50") 6. Spaulding copier - 15 years old (Council on Aging) 7. IBM typewriter- Poor condition (Council on Aging) ad avertised for sale as surplus property and/or salvage. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's submission of final reverter of land located adjacent to Norwood Pond have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: Tht the Board of Alderme hereby acknowledges the reversion of land adjacent to Norwood Pond from the Commonwealth of Massachusetts to the City of Beverly. In accordance with deed dated June 22, 1987, this land reverts to the City of Beverly, since North Shore Community college has been relocated to a different site. Order read once and adopted. The committee on Legal Affairs and Accounts to whom was referred the matter of Petition to accept Hathaway Avenue Extension as city street 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 as a city street the roadway know as Hathaway Street Extension, as depicted on the attached map, and as recommended by the Planning board. Order read once and adopted. The committee on Legal Affairs and Accounts to whom was referred the matter of Claim-John Duggan, 28 Livingstone Ave. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File. Order read once and adopted. RECORDS OF THE BOARD OF ALDERMEN The Committee on Legal Affairs and Accounts to whom was referred the matter of request for authorization to sign amendment to Grant Agreement 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 amendment to the Grant Agreement for the installation of windows at Briscoe School. Order read once and adopted. The committee on Legal Affaris and Accounts to whom was referred the matter of request for authorization to sign shuttle bus agreement 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 shuttle bus contract with the Massachusetts Bay Transportation Authority for shuttle bus service for the current fiscal year. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of police request for ordinance change-Parking on River Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. In the year one thousand nine hundred and ninety-two AN ORDINANCE AMENDING AN ORDINANCE ENTITLED "Motor Vehicles and Traffic" relative to Two Hour Parking. Be it ordained by the Board of Aldermen 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 adding thereto the following,: Sec. 14-126 "(c) River Street, westerly side, in front of #60 River Street, three (3) spaces." This ordinance to take effect upon passage. Ordinance read once and adopted. The committee on Public Service and Aid to whom was referred the matter of removal of live tree-15 Beacon Street 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 New England Telephone petition for conduits in Conant Street have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of removal of live tree - 11 Lefavour Ave. have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and amended to read-Permission is hereby granted for the removal of a live tree at 11 Lefavour Ave., in accordance with the requirements of City of Beverly Revised Ordinances Sec. 23-3 and 23-4 namely, the tree may be taken down by a properly licensed and insured tree company at the homeowner's expense, after payment of a $50.00 fee for replacement of the tree. RECORDS OF THE BOARD OF ALDERMEN The committee on Public Service and Aid to whom was referred the matter of request for Water Abatement - Umberto Eramo, Essex St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying orcer and recommend its adoption. ORDERED: That the Board of Aldermen grant an abatement for sewer usage in the amount of One Hundred Sixty-Eight Dollars ($168.00) to Mr. & Mrs. Umberto Eramo, 421R Essex St. (Acct.#6-420- 107), in accordance with the recommendation of the Commissioner of Public Works. Order read once and adopted. UNFINISHED BUSINESS: The following transfers were passed to a second reading laid over under charter provisions and passed on a roll call vote. #95 Mayors request for transfer to accouant "Shuttle Bus" ($6400.00) Roll Call: Yea: Battistelli, Coughlin, Doherty, Fallon, Hannibal, Reinecke, Rollins, Troubetaris, Burgess. Nay: None Absent: None #96 Mayor;s request for transfer to account "Reserve Officers-Physical and Psychological Evaluations" ($10,600.00) Roll Call: Yea: Battistelli, Coughlin, Doherty, Fallon, Hannibal, Reinecke, Rollins, Troubetaris, Burgess Nay: None Absent: None MOTIONS AND ORDERS: By Alderman Fallon: ORDERED: The Board of Adlermen review the ordinances governing the discharge of firearms and hunting within City boundaries for the purpose of strengthening the prohibitions and clarifying the terms. Referred to Legal Affairs and Accounts. By Alderman Fallon: ORDERED: That the Baord of Aldermen review the attached ordinance for dog control and adopt it for the City of Beverly. Referred to Legal Affairs and Accounts. Meeting Adjourned: 8:50 PM Attest: Constance E. Perron City Clerk