Loading...
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