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1995-01-1710 7:50 P.M. Public Hearing re Bond Authorization RESCO improvements REGULAR MEETING OF THE BEVERLY CITY COUNCIL, JANUARY 17, 1995 ROLL CALL: PRESENT: ABSENT: Coughlin, Gilmore, Golin, Mahan, Murray, Rollins, Troubetaris arid Nardella None PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Rollins McGlynn, ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of January 3, 1995 meeting - Motion passes. CONFIRNATIONS: #4 The reappointment of Marshall Handly as City Solicitor was unanimously confirmed. #5 The reappointment of Peter Seamans as Administrative Aide to Mayor was unanimously confirmed. #7 The reappointment of Herbert Schlein 'to the Hazardous Waste Oversight Committee was unanimously confirmed. #8 The appointment of Kathryn Kowalski and Carmen Frattaroli to the Hazardous Waste Oversight Committee was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: #17 January 17, 1995 Honorable City Council City Hall Dear Honorable Council: The Department of Environmental Protection of the Commonwealth of Massachusetts has invoiced the City of Beverly $11,503.20 as Beverly's assessment under the Safe Drinking Water Act. As noted in the attached communication from Public Works Commissioner George Zambouras, this amount was not included in the current year's budget. There is, however, a positive variance of over $57,000 in the South Essex Sewer District account. I hereby request a transfer of Eleven Thousand Five Hundred Three Dollars and Twenty Cents ($11,503.20) to account "Water Division - Safe Drinking Water Act Assessment" from account "South Essex Sewer District. Said sum of money to be expended under the direction of the Commissioner of Public Works. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #18 Honorable City Council City Hall 11 Dear Honorable Council: I hereby request a transfer of Four Thousand Seven Hundred Fifteen Dollars ($4715.00) to account "Beverly Shuttle Bus" from account "Reserve for Unforeseen Expenditures." Said sum of money to be expended under the direction of the City Planner. Attached is a communication from Planning Director Tina Cassidy concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #19 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of One Thousand Dollars ($1000.00) to account "Planning - Office Supplies" from account "Planning - Assistant Director - Salary." Said sum of money to be expended under the direction of the City Planner. Attached is a communication from Tina Cassidy concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #20 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the attached list of Beverly Hospital Personnel as Special Police Officers for the year 1995 for the buildings and grounds of the Beverly Hospital. Also attached is a communication froin Police Chief John Finnegan recommending these appointments. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #21 Honorable City Council City Hall Dear Honorable Council: 12 I hereby appoint, subject to your confirmation, the following named individuals to serve as Constables in the City of Beverly for the sole purpose of serving Civil Process: Paul Minsky, 15 Orchard Road, Swampscott, MA 01907 Christopher J. Kielbasa, 19 E. Garfield Avenue, Beverly Clifford A. Roby, St., 502 Manor Road, Beverly Their terms will be effective until January 31, 1998. Attached are their applications and letters of recommendation from Police Chief John Finnegan. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #22 Honorable City Council City Hall Dear Honorable Councll: I hereby appoint, subject to your confirmation, Mr. Barry Sullivan, 9 Driscoll Lane, Beverly, MA 01915, to serve as a member of the Planning Board. He will replace Mr. Derek Cavanaugh whose term has expired. Mr. Sullivan's term will be effective until December 31, 1997. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #23 Honorable City Council City Hall Dear Honorable Council: I hereby submit for your information Annual Beano Reports from the following: Friends of Beverly Council oil Aging St. Mary's Beano St. John the Evangelist Very truly yours, William F. Scanlon, Jr., Mayor RECEIVE AND PLACE ON FILE 13 #24. Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Bruce Abbott, 13 County Way, Beverly, MA 01915, to serve as a member of the Beverly Housing Authority. He will fill the unexpired term of Kevin Ascolillo and his term will be effective until June 28, 1995. Very truly yours, william F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #25 Honorable City Council City Hall Dear Honorable Council: I hereby reappoint, subject to your confirmation, the following citizens to serve as members of the Beverly Planning Board: Richard Dinkin 93 Bridge Street Beverly, MA 01915 Salvatore Modugno 1 Colgate Road Beverly, MA 01915 Their terms to be effective until December 31, Very truly yours, William F. Scanlon, Jr., Mayor 1997. LAID OVER FOR CONFIRMATION #26 Honorable City Council City Hall Dear Honorable Council: I hereby reappoint, subject to your confirmation, the citizens to serve as Lynch Public Parks Fund Trustees: Gordon T. Richardson 117 Odell Avenue Effective until September 30, 1999 Arthur Powell 60 Rantoul Street, Unit 312N Effective until September 30, 1998 Barbara Feenan 17 Bancroft Avenue Effective until September 30, 1998 Janice Vagos 16 Thoreau Circle Effective until September 30, 1997 following 14 Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #27 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Robert Gillespie, 11 Agate Street, Beverly, MA 01915, to serve as a Lynch Public Parks Fund Trustee. He will replace Marland L. Slaven whose Gillespie's term will be effective until September 30, 1997. term has expired. Mr. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #28 Honorable City Council City Hall Dear Honorable Council: I hereby reappoint, subject to your confirmation, the following citizens to serve as members of the Youth Advisory Commission: William J. McDonald 91R Hale Street Effective until December 31, 1995 Della Guay 5 Miller Road Effective until December 31, 1996 Mr. Joseph Paluzzi 362 Elliott Street (Recreation Commission Effective until December 31, 1997 liaison) Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #29 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to citizens to serve as members Richard Kelley 2 Goodwin Road your confirmation, the following of 'the Youth Advisory Commission: 15 Replacing Eileen Connolly whose term has expired - effective until December 31, 1995 Pat Parsons 14 Arthur Street Replacing Joseph Nichols whose term has expired - Term effective until December 31, 1996 Judith Crater 20 Pearl Street Ext. Replacing Francis Forti whose term has expired - Term effective until December 31, 1997 Karen Aucone 6 Lefavour Avenue Replacing Gardner Pope whose term has expired - Term effective until December 31, 1997. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION Term #30 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination of Mortgage for property at 11 School Street owned by David A. Carnevale as per the attached communication from Kim Driscoll, Community Development Director. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #31 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Mortgage Discharge for property at 11 School Street owned by David A. Carnevale as per the attached communication from Kim Driscoll, Community Development Director. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #32 Honorable City Council City Hall Dear Honorable Council: For some months discussions have been underway between the Youth 16 Advisory Commission, which oversees the Youth Services Department, and the Board of Directors of the YMCA regarding ways in which to cooperate so as to offer better and more comprehensive programs to the youth of Beverly. This letter officially requests your consideration of the attached draft proposal which has been prepared by the Youth Advisory Commission and the YMCA Board of Directors. I heartily endorse this concept, and I urge your favorable consideration. I note that a mechanism is in place in the draft language to allow reversion of the Youth Services Department to its former state should the need arise. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: January 11, 1995 City Council City of Beverly Dear Councilors: The Conservation Commission is interested in discussing the possibility of adopting ordinances for the City of Beverly. It is the concern of the Conservation Commission because of the fact that any remaining land that would be built upon is mainly a wetland issue. Thank you for your consideration in this matter. very truly yours, Vincent J. Cotreau, Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #34 January 9, 1995 Honorable City Council City Hall Dear Council, Re: Amend Parking Ordinance - Woodland Avenue We have received complaints about vehicles parking on the southerly side of Woodland Avenue, between Kernwood Heights and the Ayers Ryal Side School, and found the NO PARKING signs missing, signs authorized by City Ordinance. These vehicles make it difficult to maintain 2-way traffic and some parents are complaining about these parked vehicles. After meeting with Mrs. Gauthier, School principal, it was decided that the children's safety would not be compromised if we allowed some parking and restricted the parking from Kernwood Heights to a point 100 feet in towards the school itself. Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, Section 120 as follows: Delete in its entirety: Woodland Avenue, southerly side, from Kernwood Heights to the paved access road of the Ayers Ryal Side School. Add: Woodland Avenue, southerly side, from Kernwood Heights to 100 feet easterly. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS 17 #35 January 9, 1995 Honorable City Council City Hall Dear Council: Re: Edwards School Parking Restriction We have conducted a thirty (30) day trial and study, restricting parking on the southerly, Edwards School, side of Edwards Street, from 12 midnight to 7:00 a.mo We are requesting and recommending that this becomes a permanent ordinance. Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, Section 122 as follows: ADD: (t) No person shall park a vehicle between the hours if 12 Midnight and 7:00 a.m., Sunday night thru Friday morning, during school months, on the southerly side of Edwards Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #36 Honorable City Council City Hall Dear Council: Re: NO PARKING THIS SIDE, easterly side, 449 Cabot Street to Kittredge Street. We have received complaints about vehicles parking on the easterly side of Cabot Street, between 449 Cabot Street and Kittredge Street. These vehicles make it difficult to maintain 2-way traffic and recently a vehicle parked here was totaled in an accident. Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, Section 120 as follows: ADD: Cabot Street, easterly side, from 449 Cabot Street to Kittredge Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS. 18 #37 January 17, 1995 Honorable City Council City Hall Re: Amend Parking Ordinance - Wallis Street, 3 Spaces We have been informed by the Mayor that our current manning levels will not be able to be maintained due to budgetary constraints. With the decrease of the number of officers working a shift, we have had to implement a temporary plan to respond to emergency situations in a timely manner. Part of this temporary plan involves removal of three metered parking spaces, on Wallis Street, and installing signs (POLICE VEHICLES ONLY) to allow the Criminal Investigations Division or the Traffic/Safety Sergeant to respond from that location, to assist the Patrol Division, in an emergency situation. Please take the necessary action to amend City of Beverly Revised Ordinance as necessary. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #38 January 5, 1995 City Council City of Beverly Dear Councilors: I hereby recommend that the following be issued a Drain Layers License in the City of Beverly: Benedetto Company, Inc. - 7 Benedetto Circle - Wakefield, MA 01880 Very truly yours, George J. Zambouras, P. E. , Commissioner of Public Works REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS: #39 Request from New England Telephone Company for easement at Harry Ball Field off Essex Street for Manhole with above- ground hatch REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #40 Auctioneer License - Bernard Marron, 174 Lynn Street, Peabody, REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #41 Request from Rotary Club to install banner across Cabot Street. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID 19 REPORTS FROM COMMITTEES: #1 The Committee on Finance and Property to whom was referred the matter of Mayor's request for authorization to borrow $900,000 for RESCO improvements, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying AMENDED order and recommend its adoption. ORDERED That $600,000 is appropriated for payment to Refuse Energy Systems Co., (RESCO) for Beverly's share of the cost of improvements to the RESCO incinerator and related facilities required by changes in law or otherwise; that to meet this appropriation the Treasurer-Collector, with the approval of the Mayor and the Finance Director and under the direction of the Committee on Finance and Property, is authorized to borrow $600,000 under G. L. Chapter 44, sect. 8 or Chapter 355 of the Acts of 1991, and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws; that the City Treasurer- Collector is further authorized to file a certified copy of the loan order and provide such other information and execute such other documents as the Board may require; and that all bonds or notes issued hereunder shall be certified to in writing as to their genuineness by Shawmut Bank, N. A. Order read once and passed to a second reading, laid over under charter provisions #~2 (#~76 of 1994) The Committee on Finance and Property to whom was referred the matter of Communication from Retirement Board re FY96 appropriation have considered said matter and beg leave to report as follows, to wit: Receive and Place on File #2 The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorization to sign lease - Beverly Airport and New England Flying School, 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 lease between the City of Beverly (Beverly Airport Commission) and New England Flying School, as recommended by the Beverly Airport Commission Order read once and adopted. #3 The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorization to sign lease - Beverly Airport and North Atlantic Air, Inc., have considered said mater and beg leave to report as follows, Submit the accompanying order and recommend its adoption. 20 ORDERED: That His Honor the Mayor be, and the same is hereby authorized to sign the attached lease between the City of Beverly (Beverly Airport Commission) and North Atlantic Air, Inc., as recommended by the Beverly Airport Commission. Order read once and adopted. #12 The Committee on Legal Affairs and Accounts to whom was referred the matter of 2CMVDL Rantoul Street Service Station have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted. #~3 (#~49 of 199~) The Committee on Legal Affairs and Accounts to whom was referred the matter of NET request for easement at Lynch Park, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDER: That the City Council grant an easement to New England Telephone in accordance with the conditions outlined in Schedule A and hereto attached, for the price of $10,000. and that His Honor the Mayor be, and the same is hereby authorized to sign the easement agreement hereto attached, subject to the review and approval of the City Solicitor. Order read once and adopted. #~ (#~68 of 199~) The Committee on Legal Affairs and Accounts to whom was referred the matter of mortgage Discharge - Paul Lantz, 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 Mortgage Discharge for property at 14 School Street, owned by Paul Lantz, in accordance with the recommendation of the Community Development Director. Order read once and adopted. #~5 (#~75 Of 199~) The Committee on Legal Affairs and Accounts to whom was referred the Communication from City Clerk re issuing of Lodging House license, 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 Clerk be, and the same is hereby authorized to issue Lodging House licenses to the ten lodging house operators in the city, once all appropriate inspections have been completed and reports received from the Building Inspector, the Fire Department, the City Electrician and the Board of Health Order read once and adopted. 20 21 #~6 (#~78 of 199~) The Committee on Legal Affairs and Accounts to whom was referred the matter of Application - Class II MVDL - Choo Choo Motor Sales have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted. Order read once and adopted. #~7 (#~80 of 199~) The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Mary Catherine McMahon, 120 Dodge Street, have considered said matter and beg leave to report as follows, to wit: No Further Action - Refer to City Solicitor Order read once and adopted. #~8 (#~82 of 199~) The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Michael Beatrice vs. Concetta Costa, have considered said matter and beg leave to report as follows, to wit: No Further Action - Refer to City Solicitor Order read once and adopted. #~9 (#~83 Of 199~) The Committee on Legal Affairs and Accounts to whom was referred the matter of Drain Layers License - Hawk Construction, have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted. Order read once and adopted. #39 The Committee on Legal Affairs and Accounts to whom was referred the matter of NET request for easement at Harry Ball Field, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDER: That the City Council grant an easement to New England Telephone in accordance with the conditions outlined in Schedule A and hereto attached, for the price of $25,000. and that His Honor the Mayor be, and the same is hereby authorized to sign the easement agreement hereto attached, subject to the review and approval of the City Solicitor. Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Auctioneer's License - Bernard Marton, have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted. Order read once and adopted. 21 _2 #50 (#90 o~ ~99t) The Committee on Public Service and Aid to whom was referred to matter of Troubetaris order for flooding of Obear Park and Youth Center for Ice Skating, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Commissioner of Public Works be, and the same is hereby authorized to set up skating areas wherever possible with snow, if any, and flooding areas if weather permits. Be it further ordered that funds be budgeted in his department to establish permanent rinks for next year. Order read once and adopted. #51 (#~43 of 1994) The Committee on Public Service and Aid to whom was referred the matter of Removal of live trees (2) at 28 Berrywood Lane have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That permission is hereby granted for the removal of live trees at 28 Berrywood Lane under the provisions of Chapter 23, Section 4 of the Revised Ordinances of the City of Beverly, viz; that the trees shall be removed at the homeowner's expense by a properly licensed and insured contractor and the homeowner shall pay a fifty- dollar fee for replacement of the tree at another location. Order read once and adopted. #52 (#&29 of 199~) The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree at 32 Dane 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 live tree at 32 Dane Street for which a Public Hearing was held on December 5, 1994, be added to the list of trees to be removed at City expense. Order read once and adopted. #53 (#150 of 199~) The Committee on Public Service and Aid to whom was referred the matter of New England Telephone petition re conduit - Ober and Neptune Streets, have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted. Order read once and adopted. #58 (#155 of 1991) The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree at 27 Bertram Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. 22 23 ORDERED: That the live tree at 27 Bertram Street for which a Public Hearing was held on December 19, 1994, be added to the list of trees to be removed at City expense. Order read once and adopted. UNFINISHED BUSINESS: The Mayor's request for bond authorization for $600,000 for RESCO improvements took a first reading on January 3, 1994, was laid over under charter provisions and was passed on a roll call vote MOTIONS AND ORDERS #54 By Councilor Coughlin: RESOLVED: Be it hereby known to all that the City Council and all the Citizens of the City of Beverly extend their heartiest congratulations to COLBY BROKVIST Troop 4, in recognition of achieving the coveted rank of Eagle Scout on February 12, 1995. On behalf of all the Councilors and the citizens of Beverly, we offer to you our very best wishes for continued success and good fortune in all your endeavors. Given this 17th day of January, 1995 Received and Placed on File #55 By Councilors Coughlin and Gilmore ORDERED: That the Commissioner of Public Works make a study and recommendation relative to the removal of two (2) live trees at 189-191Brimbal Avenue Referred to the Committee on Public Service and Aid #56 By Councilor Murray ORDERED: In the interest of fairness, the City of Beverly agrees to reimburse St. Margaret's Parish the sum of $2,189.00 for the replacement of a water line on Hale Street. This represents 50% of the amount paid by St. Margaret's in January 1994 to repair the line, and assure continued water service to its church, rectory and school. See accompanying letter & bill. Referred to Finance and Property (CC: Public Service and Aid) #57 By Councilor Murray ORDERED: Amend all residential zoning districts under Section 29-7 thru ll-B-5 Uses by Riqht to conform with State Law by expanding Beverly's minimum lot size for "Agricultural, horticultural and floricultural uses and expansion or reconstruction of existing structures relating thereto," from 5,000 square feet to the state regulation of 5 acres. 23 The amended Ordinance under Section 29B. Uses by Right will read: Agricultural, horticultural and floricultural uses and expansion or reconstruction of existing structures relating thereto, permitted with a minimum lot size of five acres. This ordinance amendment was originally suggested by Beverly Building Commissioner Richard Montoni in a memo he sent to the Mayor and City Council members on January 24, 1994. It merits our attention and should be enacted A.S.A.P. Referred to the Committee on Leqal Affairs and Accounts Motion to adjourn: 9:20 P.M. Constance E. Perron City Clerk 24