1998-01-20Regular Meeting of Beverly City Council, Jan. 20, 1998
Roll Call: All Council Members were present
Pledge of Allegiance to the Flag: Led by Councilor McGlynn
Acceptance of Minutes of Previous Meeting: Amended records of
December 15, 1997 meeting and minutes of January 5, 1998 meeting
Communications from His Honor the Mayor
#16
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a transfer of Four Thousand Seven eighty-seven Dollars and
Forty Cents ($4,787.40) to account "City Clerk - Senior Clerk" from account
"Reserve for Unforeseen Expenditures."
Said sum of money to be expended under the direction of the City Clerk.
Attached is a communication from Finance Director John Dunn concerning this
request.
Very truly yours,
William F. Scanlon, Mayor
Referred to Finance and Property
#17
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby recommend the appropriation of One Hundred Ninety Thousand
Dollars ($190,000) in Grant Funds to the School Department in its entirety for use
according to the attached tentative budget per Superintendent Lupini's
communication.
Also attached is a letter of recommendation from Finance Director John Dunn
concerning this request.
Very truly yours,
William F. Scanlon, Jr. Mayor
Referred to Public Service and Aid
#18
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation the following
citizens to serve as members of the Beverly Airport Commission:
Mr. Bruce P. Eaton
4 Oakland Road
Danvers, MA 01923
Mr. Melvin Rosen
7 Lawnbank Road
Beverly
Mr. Paul Vitale
3 Cottage Lane
Beverly
Mr. John Duval
6 Marjorie Way
Beverly
Their terms to be effective until December 3, 2000.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Legal Affairs and Accounts
#19
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following
citizens to serve as members of the Planning Board:
Mr. Richard Dinkin
93 Bridge Street
Effective until December 31, 2000
Mr. Barry Sullivan
9 Driscoll Lane
Effective until December 31, 2000
Mr. Salvatore Modugno
1 Colgate Road
Effective until December 31, 1999
Very truly yours,
William F. Scanlon, Jr. Mayor
Referred to Public Service and Aid
#20
January 20, 1998
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Eugene
Wood, 6 Adeline Road, Beverly, MA 01915, to serve as a member of the Board of
Managers - Cemeteries.
His term to be effective until the first Monday in March, 2000.
Very truly yours,
William F. Scanlon, Jr.
Referred to Public Service and Aid
#21
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following
citizens to serve as members of the Zoning Board of Appeal:
Leonard J. Bertaux,
70 Winthrop Avenue
Effective until January 31, 2003
Mr. Paul Belmonte
8 Wirling Drive
Effective until January 31, 2002
Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Legal Affairs and Accounts
#22
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Robert
McLemore, 97 Preston Place, Beverly, MA 01915, to serve as an alternate
member of the Zoning Board of Appeal.
His term will be effective until October 1, 2002. Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Legal Affairs and Accounts
#23
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following
citizens to serve as Trustees of the Public Library:
Edward Brindle
34 Cross Lane
Helga Senko
36 Hillside Avenue
Lindsey Diehl
31 Abbott Street
Their terms to be effective until January 31, 2001.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Public Service and Aid
#r24
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Joseph
Pietrini, 40 Roundy Street, Beverly, MA 01915 to serve as a Registrar of Voters. His
term will be effective until March 31, 2000.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Public Service and Aid
#25
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Bruce
Doig, 41 Pratt Avenue, Beverly, MA 01915, to serve as the Parks and Recreation
Commission representative to the Beverly Youth Collaboration Advisory
Commission.
His term will be effective until December 31, 2000.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Public Service and Aid
#26
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby recommend for your action the attached Ordinance for the disposal of
Surplus Supplies with a value of less than $500 as per the attached
communication from Christopher Bradley, Director of Purchasing.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#27
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Bonnie
Julien, 10 Clark Road, Swampscott, MA 01907 at the Beverly Hospital
representative to the Emergency Medical Services Commission.
Attached is a communication from Mark Foster concerning this appointment.
I further request that the residency requirement for Ms. Julien be waived in order
that she be allowed to serve on this important Board.
Very truly yours,
William F. ScanIon, Jr.
Mayor
Referred to Public Service and Aid
#28
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby submit for your consideration the attached communication from
Director of Purchasing, Christopher Bradley, concerning a Buy Recycled Policy
for the City of Beverly.
Very truly yours,
William F. ScanIon, Jr.
Mayor
Referred to Public Service and Aid
#29
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the attached list
of Northeast Health Systems (Beverly Hospital) personnel as Special Police
Officers for the year 1998 as per the attached communication from Police Chief
John Finnegan.
Very truly yours,
William F. ScanIon, Jr.
Mayor
Referred to Public Service and Aid
#30
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby submit for your information the attached 1997 Annual Bean Reports
from the following:
St. John the Evangelist School
Friends of Beverly Council on Aging
Very truly yours,
William F. Scanlon, Jr.
Mayor
Receive and Place on File
#31
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Peter M.
Thomas, 12 Franklin Place #3, Beverly, MA 01915, to serve as a member of the
Beverly Planning Board.
Mr. Thomas will replace Steve Papa who has resigned due to personal reasons.
His term will be effective until December 31, 1999.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Legal Affairs and Accounts
#32
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Paul
Minsky, PO Box 106, Swampscott, MA 01907, to serve as a Constable in the City
of Beverly for the sole purpose of serving Civil Process.
His term will be effective until January 31, 2001. Attached is a recommendation
from Police Chief John Finnegan concerning the appoint.
Very truly yours,
William F. Scanlon, Jr.
Mayor
#33
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I would like the opportunity to speak briefly with the entire Council tonight on an
informational basis regarding several subjects including:
1.Public Safety Facility
2.Financial Reporting
3.Audit for 1997
4.Capital Expenditure Plan.
Very truly yours,
William F. Scanlon, Jr.
Mayor
#34
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the
attached Subordination Agreement for property owned by Mr. And Mrs. Richard
Massota at 16 Home St.
Attached is a communication from Dawn Goodwin, Community Development
Manager, concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#35
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the
attached Subordination Agreement for property owned by Mr. And Mrs. Richard
Massotta at 16 Home St.
Attached is a communication from Dawn Goodwin, Community Development
Manager, concerning the request.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Referred to Legal Affairs and Accounts
Communications from Other City Officers and Boards
#36
City Council
City Hall
Beverly, Mass. 01915
Dear Councilors:
This letter is to inform you that I have inspected the following facilities
45 Broadway 45 Broadway
Cabot House Lodging 91 Cabot Street
The Greycroft Inn 68 Cabot Street
Girdler House 78 Lothrop Street
Highland Manor 7 Highland Ave.
Jackson Rooming House 32 Broadway
Hannah Port Rooming House 490 Rantoul St.
Lighthouse Rooming House 276 Rantoul Street
Mayflower Lodging House 325 Cabot Street
Pressbox/1886 House 9 Park St.
Rocky A. Carnevale 340 Rantoul Street
These buildings have no major violations. Various owners have been notified of
minor corrections to make for improvement of their facility(Lodging House) prior
to the licensing date.
These facilities are currently sprinklered except for:
Highland Manor 7 Highland Ave.
Very truly yours,
Timothy Brennan
Building Commissioner
Receive and Place on File
#37
Honorable City Council
City Hall
Beverly, Mass
Dear Council,
The Friends of Beverly council on Aging and the Senior Citizens Club previously
purchased two vehicles as a gift to the City of Beverly/Council on Aging Senior
Center. Moreover, there is another vehicle that is currently owned by
SeniorCare and granted to the Center. This vehicle will become the property of
the City five years from the beginning of the grant or 150,000 miles, whichever
comes first. It is anticipated that the transfer of this ownership will occur either
late this year or next year. All of these vehicles are used for the Council/Senior
Center's own activities and programs and by other organizations approved by
the Council's Director.
We would like to respectfully request the following condition be agreed upon
regarding these vehicles: if the vehicles must be disposed of, the disposition will
be applied toward trade or cash value, which will be returned to the
Council/Senior Center after a formal request to the Mayor has been granted.
Thank you for your consideration and cooperation regarding this matter. I look
forward to receiving your response soon.
Sincerely,
Derrick Willson, President, Friends of the Beverly Council on Aging
Referred to Finance and Property
#38
Honorable City Council
City Hall
Beverly, Mass
Dear Council,
I would like to respectfully request that the Patrol Boar "Kennison" be declared
surplus property. The "Kennison" is a circa 1940 U.S. Navy motor whaleboat.
Thanks to your support we were able to acquire a new patrol boat in 1996 to
replace the "Kennison". The motor whale boat is greatly restricted as an
emergency response vessel because of its slow hull speed (7 Knots). There are a
number of mechanical and electrical problems with the "Kennison" that would
require a significant investment. In my humble opinion it would not be a wise
investment and therefore ask that we declare this vessel surplus property. The
Respectfully submitted,
Daniel G. McPherson, Harbormaster
Referred to Finance and Property
#39
Minutes of Beverly Harbor Management Authority-January 8, 1998
Referred to Finance and Property
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#40
Communication relative to Response Action Outcome-Mercury Impacted Soils-
Cummings Center
Referred to Legal Affairs and Accounts
#41
Communication from Dept. of Public Utilities relative to restructuring of Electric
Industry
Referred to Public Service and Aid and Legal Affairs and Accounts
#42
Communication relative to Animal Control Policies
Referred to Public Service and Aid and Legal Affairs and Accounts
#43
Comm from Division of Capital Planning and Operations relative to Property at
Cabot, Summit and Congress Streets
Referred to Finance and Property
#44
Communication relative to proposal from Cummings Properties
Referred to Finance and Property
#45
Comm from Department of Public utilities relative to restructuring of Electric
Industry
Referred to Legal Affairs and Accounts and Public Service and Aid
#46
Communication relative to water bill for Riverdale Condominium Trust at 307-323
Rantoul Street
Referred to Finance and Property
#47
Petition of Mass Electric relative to a pole on Dodge St.
Referred to Public Service and Aid
#48
Claim-Fred Brennan
Referred to Legal Affairs and Accounts
#49
Comm from Public Employee Retirement Administration Commission-COLA
Report
Referred to Finance and Property
Reports from Committees:
#5
The Committee on Finance and Property to whom was referred the matter of
Communication form BHS Student Council-Relative to naming of Panther Park
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the City council approve the request from the Beverly High
School Student Council to name the road behind Beverly High School Panther
Park, and be it further ordered that the sign be the school colors of Orange and
Black (Black Sign with Orange Lettering)
Order read once and adopted 9-0 Vote
#10
The Committee on Finance and Property to whom was referred the matter of
communication from Mass Highway relative to Layout 732 order of taking have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#3
The Committee on Legal Affairs and Accounts to whom was referred the matter
of ORDINANCE MOTOR VEHICLES AND TRAFFIC relative to 4-Way Stop Sign
School and Wellman Streets 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 and ninety eight
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic relative to Isolated Stop
Signs
Be it ordained by the City council of the city of Beverly as follows:
Section 14-86 of the Revised Ordinances of the City of Beverly, 1918, be, and the same is hereby
amended as follows:
ADD: School street, eastbound and westbound drivers on School Street at Wellman Street
This order to take effect according to Charter Provisions
In City Council: January 5, 1998
First Passage: January 20, 1998
Final Passage: February 2, 1998
Order read once and held for final passage
#4
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Ordinance Motor Vehicles and Traffic re Stop Signs (Margin at River,
McPherson at Federal) 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 and ninety eight
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to obedience to
isolated stop signs
Be it ordained by the City Council of the City of Beverly as follows:
Section 14-88 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby
amended as follows:
ADD: Margin Street, eastbound drivers on Margin Street at River Street
ADD: McPherson Drive, southbound drivers on McPherson Drive at Federal Street
This Ordinance to take effect according to Charter Provisions
In City Council January 5, 1998
First Passage: January 20, 1998
Final Passage: February 2, 1998
Ordinance read once and held for final passage
#7
The Committee on Legal Affairs and Accounts to whom was referred the matter
of request-American Red Cross- to hang banner across Cabot 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 City Council approve the request from the American Red
Cross to hang a banner across Cabot Street for the month of March, and be it
further ordered that the banner be hung by a licensed rigger.
Order read once and adopted 9-0 Vote
#9
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Claim-Bob Ballentine have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
Refer to City solicitor
Order read once and adopted 9-0 Vote
#11
The Committee on Legal Affairs and accounts to whom was referred the matter
of Claim-Annette M. Ayers have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 9-0 Vote
#34
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Subordination Agreement #1. Massota have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the Mayor be, and the same is hereby authorized to sign the
enclosed Subordination Agreement for Richard Massota, 16 Home Street.
Order read once and adopted 9-0 Vote
#35
The committee on Legal Affairs and Accounts to whom was referred the matter
of Subordination Agreement #2. Massota have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the Mayor be, and the same is hereby authorized to sign the
enclosed Subordination Agreement for Richard Massota, 16 Home St.
Order read once and adopted 9-0 Vote
#8
The Committee on Public Service and Aid to whom was referred the matter of
Petition-Boston Gas (Virginia 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 City Council hold a Public Hearing on Monday, February 2,
1998 at 7:55 PM in the Council Chamber, 191 Cabot St., Beverly, Relative to a
petition of Boston Gas for a gas main in Virginia Ave.
Order read once and adopted 9-0 Vote
Motions and Orders
#50
By Councilor Flaherty
ORDERED: That the Building Inspector/Inspector of Buildings require all
applicants for a building permit to file an additional copy of said building plans
for the Assessors Office. Also, any changes to said plans shall be forwarded to
the Assessors Office.
Referred to Public Service and Aid
#51
By Councilors Van Liere and Rollins:
ORDERED: That the Finance and Property Committee upon the
recommendation of the Council's budget/management analyst shall meet with
the mayor and finance director to discuss creation of a special revenue fund for
the city's water utility The purpose of the special revenue fund is to segregate
all revenues and expenditures of the utility: to measure the year end surplus or
deficiency of utility revenues over expenditures; and to assure that any surplus is
used to mitigate future year rate increased or is used for capital improvements
Referred to Finance and Property
#52
By Councilors Van Liere and Rollins:
ORDERED: That the Finance and Property Committee upon the
recommendation of the Council's budget/management analyst shall meet with
the mayor and finance director to discuss creation of a special revenue fund for
the city's sewer utility The purpose of the special revenue fund is to segregate
all revenues and expenditures of the utility; to measure the year end surplus or
deficiency of utility revenues over expenditures; and to assure that any surplus is
used to mitigate future year rate increases or is used for capital improvements.
Referred to Finance and Property
#53
ORDERED: That the Finance and Property Committee upon the
recommendation of the Council's budget/management analyst directs the
finance director to report all sewer revenues and all sewer expenditures (direct,
indirect, capital/debt service) for the following periods:
1. July 1, 1996 through June 30, 1997
2. Each month from July 1, 1997 forward
All indirect costs reported shall be justified as to their basis and methodology.
The reports shall be provided within 15 days of the close of the month.
Referred to Finance and Property
#54
ORDERED: ORDERED: That the Finance and Property Committee upon the
recommendation of the Council's budget/management analyst directs the
finance director to report all water revenues and all water expenditures (direct,
indirect, capital/debt service) for the following periods:
1. July 1, 1996 through June 30, 1997
2. Each month from July 1, 1997 forward
All indirect costs reported shall be justified as to their basis and methodology.
The reports shall be provided within 15 days of the close of the month.
#55
By Councilor Murray
ORDERED; That to assure the proper conduct and performance of City business
and services to Beverly residents, it is henceforth required that appropriate
department heads and/or their authorized designees attend all meetings of the
three standing sub committees of the Beverly City Council.
Specifically the Chief Financial Officer of the City will attend the Finance and
Property committee meetings: the City Solicitor will attend the Legal Affairs
Committee meetings, and the Director of Public Works Commission of Public
Services will attend the Public Service and Aid Committee meetings.
The attendance of other City Officials may also be required periodically to
facilitate committee business.
Referred to the Committee of the Whole
#56
By Councilor Troubetaris:
ORDERED: That corrective action be taken to enforce previous Aldermanic
orders regarding the Oberlin road fire-gate, insuring passage only to emergency
vehicles and to enact severe penalties for violations.
Referred to Legal Affairs and Accounts
#57
By Councilor Murray:
ORDERED: That the matter of irrigation meters for outside watering be
researched
Referred to Public Service and Aid and Finance and Property
#58
BY Councilor Murray
ORDERED: That the City Council be fully apprised as to the parking lot
improvements at the former Hardie School enacted as to the agreement with
Simsbury Associates before any sale to the Montserrat School
Referred to Finance and Property
#59
By Councilor Murray:
ORDERED: That review be given to providing some additional emergency/fire
protection in the Centerville area of Beverly.
Referred to Public Service and Aid
#60
By Councilor Gilmore:
ORDERED: That the City Council shall establish a special committee to be known
as the Audit Committee to consist of the members of the Committee on Finance
and Property and such other persons as the City Council President shall from
time to time appoint.
The primary responsibilities of the Audit committee shall be to advise the City
Council on the selection of an independent auditor and to oversee the
independent audit of the City's financial statements required by Section 6-9 of
the Beverly Home Rule Charter.
The persons appointed by the City council President shall, by education,
experience and training, possess the skills needed to understand the audit
process and to understand and communicate any issues raised by the annual
independent audit.
The persons appointed by the City Council President shall serve at the pleasure
of the City Council.
Referred to the Committee of the Whole
#61
By Councilor Gilmore:
ORDERED: That the City Council, through the Procurement Office, shall issue a
Request for Proposals for performance of the independent audit required by
Section 6-9 of the City Charter. The RFP should be issued so as to permit the City
Council to complete the selection of an Auditor prior to June 30, 1998.
Referred to Finance and Property
#62
By Councilor Gilmore:
ORDERED: That as required by Section 2-8(d) of the City Charter, Section 17-29 of
the Revised Ordinances shall be amended to provide that, effective July 1, 1997,
the salary of the City Clerk shall be Forty-four Thousand One Hundred and
Twenty-nine dollars ($44,129.00)
Referred to Legal Affairs and Accounts
#63
By Councilor Flaherty:
ORDERED: That pursuant to Section 8-5 of the charter of the City of Beverly that
the following be initiated:
1. Appoint members to set up a Committee to implement this section of the charter
2. Ask for appropriation for attorneys fees to hire outside counsel.
Referred to Legal Affairs and Accounts
Meeting Adjourned at 9:15 PM
Attest: Frances A. Macdonald, CMC
City Clerk