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1995-02-0825 REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, FEBRUARY 6, 1995 ROLL CALL: PRESENT: Coughlin, Golin, Mahan, Murray, Rollins, Troubetaris and Nardella, McGlynn at 8:05 p.m. ABSENT: Gilmore PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Troubetaris ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of January 17, 1995 meeting - Motion passes. CONFIRMATIONS: #20 The appointments of Special Police for Beverly Hospital were unanimously confirmed.. #21 The appointments of Minsky, Kielbasa and Roby as Constables were unanimously confirmed. #22 The appointment of Barry Sullivan to the Planning Board was unanimously confirmed. #25 The reappointment of Richard Dinkin to the Planning Board was confirmed 7-1 with Murray opposed. The reappointment of Salvatore Modugno to the Planning Board was unanimously confirmed. #26 The reappointments of Gordon Richardson, Arthur Powell, Barbara Feenan and Janice Vagos as Lynch Park Trustees were unanimously confirmed. #27 The appointment of Robert Gillespie to the Lynch Parks Fund Trustees was unanimously confirmed. #28 The reappointments of William J. McDonald, Della Guay and Joseph Paluzzi to the Youth Advisory Commission were unanimously confirmed. #29 The appointments of Richard C. Kelley, Jr., Pat Parsons, Judith Crater and Karen Aucone to the Youth Advisory Commission were unanimously confirmed. #59 The name of Norman Spector was placed in nomination by Councilor Golin for reappointment to the Board of Health position. Councilor Rollins moved that nominations be closed. Norman Spector elected to serve on Board of Health. COMMUNICATIONS FROM HIS HONOR THE MAYOR: //60 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Five Hundred Dollars ($500) to account "War Memorial Advisory Committee" from account "Veterans Services." Said sum of money to be expended under the direction of the War Memorial Advisory Committee. Attached is a communication from George White concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY //61 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Nine Hundred Seventy-Three Dollars ($973) to account "GAR Hall Building Commission - Hot Water Heater" from account "Reserve for Unforeseen Expenditures." 25 26 Said sum of money is to be expended under the direction of the GAR Hall Building Commission and is needed to pay for a hot water heater and associated labor. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #62 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: With respect to the GAR Hall would you please authorize the transfer of Nineteen Hundred Dollars ($1900) to account "Janitorial Services" from account "Utilities." The current arrangement for these services cost $80 per week and these additional funds as required in order to fund the balance of the current fiscal year. Said sum of money to be expended under the direction of the GAR Hall Building Commission. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY //63 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby recommend an appropriation of Ninety-Four Dollars ($94.00) for the installation of the following street lights: PARSONS DRIVE AT SMITHSON DRIVE: Install one 4,000 lumen sodium street light on new pole #4153. OFF ESSEX STREET AT HURD STADIUM: Install one 4,000 lumen sodium light on pole #4823. Said sum of money to be taken from and charged to account "Street Lighting," and is to be expended under the direction of the City Electrician. Attached is a communication from Frederick Young concerning this recommendation. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #64 February 5, 1995 Honorable City Council City Hall 25 27 Dear Honorable Council: As per the attached communication from Public Works Commissioner George Zambouras, I recommend that the ordinance for automatic sewer rate increases be rescinded by the Council. Sewer rates will be impacted by many factors and an annual specific review will be warranted. Continued enforcement of the water ordinance, namely to increase rates annually by 2 1/2% is appropriate and I recommend no change to this ordinance. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #65 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Ronald F. Costa, 14 Atlantic Avenue, Beverly, MA 01915, as a constable for the City of Beverly for the sole purpose of serving civil process. His appointment will be effective until February 28, 1998. Attached is his application which has been approved by Police Chief John Finnegan. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #66 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the attached list of Emhart Industries, Inc., personnel as Special Police Officers for the buildings and grounds of the Erahart Industries property at 181 Elliott Street. Attached is a recommendation from Police Chief John Finnegan concerning these appointments. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #67 February 6, 1995 Honorable City Council City Hall Dear City Council: I hereby appoint, subject to your confirmation, the following Board of Health employees as Constables for the year 1995 as per the attached communication from Public Health Director Joseph W. Walsh, Jr.: 27 28 Joseph W. Walsh, Jr. Leo L. Panunzio Joseph A. Reale Sharon H. McCabe These appointments are made for the sole purpose of serving Civil Process in the City of Beverly. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #68 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Scott Steeves, 63 Ord Street, Salem, MA 01970, to serve as a member of the Emergency Medical Services Commission. He will replace Ms. Natalie Calandra who has resigned due to personal reasons. His term will be effective until June 1, 1997. I further request that the residency requirements under Sec. 2-296 of the Beverly Ordinances be waived as per the attached communication from Fire Chief Kenneth Pelonzi. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION //69 February 6, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby reappoint, subject to your confirmation, the following citizens to serve as Trustees of the Public Library: Edward Brindle, 34 Cross Lane Nancy Bender, 20 Woodbury Street Helga Senko, 36 Hillside Avenue Their terms will be effective until January 31, 1998. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOB CONFIRMATION #70 28 29 February 6, 1995 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 Golf and Tennis Commission: William Walo, 19 Cornell Road Effective until February 1, 1998 Louis Bennett, 1 Rindge Road Effective until February 1, 1998 Glenn Terry (Conservation Commission Representative) 13 MacArthur Road Effective until February 1, 1997 Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION //71 February 5, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Scott Houseman, 27 Appleton Avenue, Beverly, MA 01915, to serve as a member of the Zoning Board of Appeals. He will replace Mr. Harold Racow who has retired from the Board. His term will be effective until January 31, 2000. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION //72 Beverly City Council City of Beverly Ladies and Gentlemen of the Council: Enclosed herewith is an order seeking authorization to submit a grant application to the Department of Environmental Management Greenways and Trails program which seeks funding to improve access to the Norwood Pond area. As you know, the City of Beverly has experienced tremendous growth over the course of the last ten years, yet retains a diverse make-up of urban and rural areas. In an effort to improve and enhance a currently undeveloped parcel within the city, the Community Development Office has prepared a grant application which requests funding to improve the trails in the Norwood Pond area. The Norwood Pond parcel is over 100 acres large and provides residents with an opportunity to enjoy passive recreational activities, such as hiking and walking, in a natural, undeveloped setting. Although the property is municipally owned, public access to the site is difficult and not well known. Due to the problems with accessing the parcel, many residents are unaware of the recreational opportunities that exist in this open space. With this in mind, the City is seeking funds to improve the entrance to the Norwood Pond area and enhance the current system of trails. Moreover, it is anticipated that this project will promote use of this currently undeveloped parcel in a manner that benefits all residents of Beverly. I respectfully request passage of the attached order authorizing submission of the aforementioned grant application. 29 30 Sincerely, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: //73 February 2, 1995 City Council City of Beverly Dear Councilors: Attached please find election schedule for the Biennial Municipal Election to be held in November. reviewed and accepted by the Board of Registrars and must now be approved by the City Council. I will be happy to answer any questions you may have. Very truly yours, Constance E. Perron, City Clerk REFERRED TO THE COMMITTEE OF THE WHOLE This has been //74 January 18, 1995 Honorable City Council City Hall Dear Council, RE: Stop Sign We have been asked by some residents and school parents to look into placing a STOP sign on Oakmont Road at Putnam Street. We have investigated this location and found it does meet the warrants for a STOP sign. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following STOP sign: ADD: Oakmont Road, northeastbound drivers on Oakmont Road at Putnam Street. Very truly yours, Dennis Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //75 January 30, 1995 Honorable City Council City Hall Dear Council, Re: No Parking - Essex Street by YMCA Aquatic Center We received many complaints this weekend about vehicles parked along Essex Street by the YMCA Aquatic Center, 254 Essex Street. The Y hosted a swim meet and the numbers of vehicles could not be parked on their property and the overflow blocked the sidewalk and some of Essex Street itself, along with several residents' driveways. We 30 31 checked this area, talked to some of the residents and recommend NO PARKING signs be installed on the westerly side of Essex, from the driveway of the YMCA Aquatic Center to Ice House Lane. Residents report this happens several times a year and this ordinance will rectify the potential safety problem. Please take the necessary action to amend City of Beverly Revised Ordinance Chapter 14, Section 120 as follows; ADD: Essex Street, westerly side, from 254 Essex Street to Ice House Lane. Very truly yours, Dennis O, Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #76 To: Beverly City Council From: Christopher J. Deeley, Harbormaster Re: Surplus Property Date: 24 January 1995 The Harbormaster's Department currently has two outboard engines which I wish to declare surplus. They are 1985 Evinrude 150 HP commercial grade engines, model E150TLCO. I will conduct a sealed bid auction and return all money from the sale of the engines to the City Collector for deposit to the General Fund. Sincerely, Christopher J. Deeley, Beverly Harbormaster. REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #77 January 20, 1995 Honorable City Council City Hall Dear Council: Re: STOP signs - Belmont Street, both sides of Echo Avenue. We have been asked by some residents to look into placing STOP signs on Belmont Street at Echo Avenue, both sides. We have investigated this location and found it does meet the warrants for a STOP signs, because Echo Avenue is the through street and motorists should stop on Belmont Street. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop signs: ADD: Belmont Street, northeastbound and southwestbound drivers on Belmont Street at Echo Avenue. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #78 January 19, 1995 Honorable City Council City Hall Re: OAK HILL ESTATES SUBDIVISION - RECOMMENDATION FROM PLANNING BOARD REGARDING ACCEPTANCE OF STREETS / OAK HEIGHTS CORP. 32 Dear Members of the Council: At the January 17, 1995 meeting of the Beverly Planning Board, members of the Board voted unanimously to recommend to the City Council that the roadways in the Oak Hill Estates subdivision be accepted by the City of Beverly as public ways. Respectfully, James A. Manzi, Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //79 February 6, 1995 Honorable City Council City Hall Re: UNIT//205 - 38 DUNHAM ROAD/RESALE Dear Council: Attached you will find a Certificate to be executed by the City of Beverly which refers to the deed restrictions for the sale of Unit #205, 38 Dunham Road. This certificate is required by the Deed Rider under Section 2(a). I would like to request that the Council authorize Mayor ScanIon to execute this certificate on behalf of the City of Beverly. Respectfully, Tina Cassidy, Planning Director REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS: //80 Annual Report from North Shore Technical High School RECEIVED AND PLACED ON FILE - COPIES TO FINANCE AND PROPERTY #81 Notice of Trial in Small Claims Court - James Shaffecval REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //82 Notice of Trial in Small Claims Court - John M. Chaisson REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //83 Request for waiver of fees for Automatic Amusement Device Licenses - YMCA Teen Center REFERRED TO THE COMMITTEE ON LEGAL AFFAIS AND ACCOUNTS REPORTS FROM COMMITTEES: //84 (//428 OF 1994) The Committee on Finance and Property to whom was referred the matter of Communication from Town of Wenham re land for cemetery, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. 32 33 #85 (#248 of 1994) The Committee on Finance and Property to whom was referred the matter of Communication from Edwards School Principal re parking, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #17 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Safe Water Drinking Act" ($11,503.20), 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 Eleven Thousand Five Hundred Three Dollars and Twenty Cents ($11,503.20) be, and the same is hereby transferred from account "South Essex Sewer District" to account "Water Division - Safe Drinking Water Act Assessment", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Commissioner of Public Works Order read once and passed to a second reading, laid over under charter provisions #18 The Committee on Finance and Property to whom was referred the matter of Mayors request for transfer to account "Beverly Shuttle Bus" ($4,715.00), 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 Four Thousand Seven Hundred Fifteen Dollars ($4,715.00) be, and the same is hereby transferred from account "Reserve for Unforeseen Expenditures" to account "Beverly Shuttle Bus", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the City Planner Order read once and passed to a second reading, laid over under charter provisions. #19 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Planning Office Supplies" ($1000.00}, 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 One Thousand Dollars (S 1000.00) be, and the same is hereby transferred from account "Planning - Assistant Director - Salary" to account "Planning - Office Supplies", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the City Planner Order read once and passed to a second reading, laid over under charter provisions. #30 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement - David Carnevale, 11 School Street, 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 subordination agreement for David Carnevale for property at 11 School Street, as recommended by the Community Development Director. 33 34 Order read once and adopted. //31 The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage Discharge - David Carnevale, 11 School Street, have considered said matter and beg leave to report as follows, 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 owned by David Carnevale at 11 School Street, in accordance with the recommendation of the Community Development Director. Order read once and adopted. //33 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request by Conservation Commission to adopt City Ordinances, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Conservation Commission be ordered to draft ordinances relative to their needs for acceptance by the City Council as soon as possible. Order read once and adopted. //34 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Motor Vehicles and Traffic - 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. CITY OF BEVERLY In the year one thousand nine hundred and ninety five 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 City Council 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 deleting therefrom the following: "Woodland Avenue, southerly side, from Kernwood Heights to the paved access road of the Ayers-Ryal Side School" and adding thereto the following: "Woodland Avenue, southerly side, from Kernwood Heights to 100 feet easterly" This ordinance to take effect upon passage. Ordinance read once and adopted. //35 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Motor Vehicles and Traffic - Parking in Edwards School Area, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety five 34 35 An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to parking prohibited on Certain Streets - during certain hours Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 122 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding thereto a new section (t) as follows: "(t) No person shall park a vehicle between the hours of twelve (12) midnight and 7:00 A.M., Sunday night thru Friday Morning, during school months on the southerly side of Edwards Street." This ordinance to take effect upon passage. Ordinance read once and adopted. //36 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Motor Vehicles and Traffic - Parking at 449 Cabot Street, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety five 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 City Council 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: "Cabot Street, easterly side, from 449 Cabot Street to Kittredge Street" This ordinance to take effect upon passage. Ordinance read once and adopted. //37 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Change - Motor Vehicles and Traffic - Barking on Wallis Street, have considered said matter and beg leave to report as follows, to wit: Request for ordinance change denied. Order read once and adopted. //38 The Committee on Legal Affairs and Accounts to whom was referred the Application for Drain Layer's License - Benedetto Company, have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted, Order read once and adopted. //57 The Committee on Legal Affairs and Accounts to whom was referred the matter of Zoning amendment - Agricultural, Horticultural and floricultural uses, have considered said matter and beg leave to report as follows, to wit: Refer to the Planning Board for its recommendation. Order read once and adopted. #41 35 36 The Committee on Public Service and Aid to whom was referred to matter of Request from Rotary Club to hang banner across Cabot Street, have considered said matter and beg leave to report as follows, to wit: Recommend the request be granted. Order read once and adopted. //86 (//442 of 1994) The Committee on Public Service and Aid to whom was referred the matter of Coughlin order requesting sidewalks be painted green, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption. ORDERED: That the City begin painting pedestrian crossings with green paint to enhance the public safety, beginning with a priority for School crossings and that the Commissioner of Public Works be ordered to place funding for the project in the FY96 budget. Order read once and adopted. //87 (//479 of 1994) The Committee on Public Service and Aid to whom was referred the matter of Water abatement request - Guy Rossi, 29 Linden Avenue, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a reimbursement of Two Hundred Ninety Three Dollars and Seventy Cents ($293.70) be granted to Guy Rossi, 29 Linden Avenue, for sewer charges. Order read once and adopted. //32 The Committee of the Whole to whom was referred the matter of Collaboration between Youth Center and YMCA, 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 agreement between the Youth Advisory Commission and the YMCA for the collaboration of services and programs. Order read once and adopted. //73 The Committee of the Whole to whom was referred the matter of Election Calendar - 1995 Municipal Election, have considered said matter and beg leave to report as follows, to wit: Recommend the calendar be accepted as submitted. Order read once and adopted. MOTIONS AND ORDERS //88 By Councilors Golin and McGlynn: ORDERED: That the Commissioner of Public Works be, and the same is hereby ordered to install a permanent, vandal proof gate across the City's entrance to Norwood Pond off of Dodge Street. REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY 36 37 #88A By Councilors Golin and McGlynn: ORDERED: that the Department of Public Works be, and the same is hereby ordered to clean and remove all debris located on City property at Norwood Pond. (See attached list.) Councilor Golin moves that matter be taken from Committee and acted upon this evening. Motion seconded. Discussion of need for preserving and protecting open space. Order passes 8-0. Order read once and adopted. //89 By Councilor Golin: ORDERED: That the Commissioner of Public Works be, and the same is hereby requested to remove the dangerous trees at 11 Russell Street and 33 Swan Street. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID //90 By Councilor Murray ORDERED: That the City Council provide an opportunity for Laura Hillyer, 7 Curtis Point, to be heard before the Committee on Legal Affairs and Accounts relative to her request for explanation of her sewer service line and its ownership by the City of Beverly. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Motion to adjourn: 10:00 P,M. Constance E. Perron City Clerk 38 REGULAR MEETING OF THE BEVERLY CITY COUNCIL - THURSDAY, FEBRUARY 16, 1995 ROLL CALL: PRESENT: Coughlin, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella ABSENT: Gilmore PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor McGlynn ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of February 6, 1995 meeting - Motion passes. CONFIRMATIONS: #24 The appointment of Bruce Abbott to the Beverly Housing Authority was unanimously confirmed. #65 The appointment of Ronald Costa as Constable was unanimously confirmed. #66 The appointment of Special Police for Emhart Industries were unanimously confirmed. #67 The appointment of Constables for Health Department were unanimously confirmed. #68 The appointment of Scott Steeves to the Emergency Medical Services Commission was unanimously confirmed. (Council voted 8-0 to waive residency requirements for above appointment as recommended by His Honor the Mayor.) #69 The reappointments of Nancy Bender, Edward Brindle and Helga Senko to the Library Board of Trustees were unanimously confirmed #70 The reappointments of Louis Bennett, Glenn Terry and William Walo to the Beverly Golf and Tennis were unanimously confirmed. #71 The appointment of Scott Houseman to Zoning Board of Appeals was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: //91 February 16, 1995 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council take action on the attached communication from Collector-Treasurer Judith Mulligan requesting a $5.00 demand fee per service be charged on overdue water/sewer bills. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY 38 COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: //92 .Februa~/1, 1995 The Honorable City Council City of Beverly, 191 Cabot Street Dear Members of the Council: On behalf of representatives of the Metropolitan Area Planning Council (MAPC), I would like to request an opportunity for them to address the City relative to the concept of "concentrated development centers". The concept of concentrated development centers is one which MAPC has developed over the last several years and one they would like an opportunity to explain to us in detail. A summary of MAPC's description of concentrated development centers is attached to this letter. MAPC has indicated that they could attend either of the regular City council meetings in March if the Council so desires. The Mayor is in full support of this presentation and will plan to attend the session. Please let me know if you would like to schedule time for a presentation on this issue. Respectfully, Tina P. Cassidy, Planning Director REFERRED TO THE COMMITTEE OF THE WHOLE //93 February 10, 1995 Honorable City Council City Hall Dear Council, RE: School Bus Parking - Rear YMCA - Essex Street We received a request from Heather Litchfield, Child Care Director, Beverly Regional YMCA, Cabot Street Branch, relative to leading and unloading small children from YMCA busses on Essex Street. These bus drivers must park and walk into the rear of the YMCA escorting these small children and turn them over to whatever class or activity they are attending. Sometimes, more often than not, other small children are still seated on these busses waiting to be transported to other locations and the drivers must escort children into the rear of the YMCA. We have looked at the rear of the YMCA and have come up with a possible solution to their problem with the least amount of inconvenience to other motorists. We recommend removing two (2) parking meters closest to the YMCA rear entrance, on Essex Street, and installing a sign or signs stating YMCA Bus Parking ONLY - 7 a.m. to 6 p.m., MON- FRI. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #94 February 10, 1995 Honorable City Council City Hall Dear Council, 39 Re: Amend Ordinances - Parking - Winter Street We received a request from Mr. Scully, Beverly Public Library, to look into the present parking ordinances on Winter Street and make some adjustments to allow for more parking for Library patrons, residents, businesses and Montserrat College students. Presently, Winter Street is divided into three different parking requirements. The northerly, left side, of Winter Street comes under 14-120 NO PARKING THIS SIDE; the southerly, right side, comes under 14-137 TOW ZONE from #11 Winter Street to Essex Street and under 14-124, thirty (30) minute parking from KnowIron Street to #11 Winter Street. We recommend Winter Street remain NO PARKING THIS SIDE, northerly left side, and parking permitted at all times on the southerly, right side, except for two (2) spaces opposite the exit of the Library parking lot, in front of 11 Winter Street, so vehicles can safely exit from the Library parking lot. Please take the necessary action to amend City of Beverly Revised Ordinances Chapter 14, Section 124, Thirty-minute parking as follows: Delete: Winter Street, southerly side, from KnowIron Street to the driveway of Number 11 Winter Street (approximately one hundred fifty (150) feet easterly). Also please amend City of Beverly Revised Ordinances Chapter 14, Section 137, Towing of vehicles parked in specific areas, as follows; DELETE: Winter Street, southerly side, from Essex Street to driveway of number 11 Winter Street, approximately one hundred ten (110) feet westerly. ADD: Winter Street, southerly side, two (2) spaces opposite exit of Library parking lot, roughly in front of #11 winter Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #95 February 9, 1995 City Council City of Beverly Dear Council Members: I hereby recommend that the following be granted a Drain Layers License in the City of Beverly A.R. Belli, Inc., 271 Nevada Street, Newtonville, MA 02160 Very truly yours, George J. Zambouras, P. E., Commissioner of Public Works REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #96 February 16, 1995 Honorable City Council City Hall Dear Council: Re: Putnam Street, 30 Day - One-Way Trial. We have conducted a 30 day, one-way trial on Putnam Street, from Oakmont Road to Walnut Street, between the hours of 7:30 to 8:30 a.m. and 1:30 to 2:30 p.m. We have reviewed this trial with the North Beverly Elementary School, Councilor Coughlin and several residents in the immediate area and we are recommending this trial become a permanent ordinance during school months. ~,0 41 Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 94 as follows: ADD: (d) (4) Putnam Street, One Way, from Oakmont Road to Walnut Avenue, 7:30 - 8:30 a.m. and 1:30-2:30 p.m., from September to June, traffic to proceed northwesterly. DELETE: Chapter 14, Section 122 (q), No person shall park a vehicle on school days between the hours of 1:30 p.m. and 3:30 p.m. on the westerly side of Putnam Street between Walnut and Oakmont Road. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #32A Late File by Councilor Coughlin for Marshall Handly - Final agreement of collaboration between YMCA and City of Beverly Youth Advisory Commission for youth activities REFERRED TO THE COMMITTEE OF THE WHOLE COMMUNICATIONS, APPLICATIONS AND PETITIONS: //97 Communication from Department of Army re conservation restriction for Bradenton Limited Partnership REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //98 Communication from Department of Revenue re preliminary FY96 levy limit for planning FY96 budget. REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #99 Commonwealth of Mass Low Level Radioactive Waster Disposal Facility Draft Siting Plan RECEIVED AND PLACED ON FILE #100 Communication from Department of Environmental Protection re Bradenton Limited Partnership RECEIVED AND PLACED ON FILE //101 New England Telephone petition for conduit on Bartlett Street at the corner of Stone Street REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #102 Vegetation Management Plan for MBTA Commuter Rail RECEIVED AND PLACED ON FILE #103 Claim - Darcia M. Sadoski, 4 Larchmont Road, Salem, MA REPORTS FROM COMMITTEES: #60 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "War Memorial Advisory Committee" ($500.00), 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 Five Hundred Dollars ($500.00) be, and the same is hereby transferred from account "Veterans' Services" to account "War Memorial Advisory Committee ", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the War Memorial Advisory Committee Order read once and passed to a second reading, laid over under charter provisions 42 //61 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "GAR Hall Building Commission - Hot Water Heater" ($973.00), 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 Nine Hundred Seventy Three Dollars ($973.00) be, and the same is hereby transferred from account "Reserve for Unforeseen Expenditures" to account "GAR Hall Building Commission - Hot Water Heater"in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the GAR Hall Building Commission Councilor Coughlin moves that matter be returned to Committee for more information. Motion passes. RETURNED TO THE COMMITTEE ON FINANCE AND PROPERTY //62 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "GAR Hall Building Commission - Janitorial Services" (91900.00), 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 Nineteen Hundred Dollars ($1900.00) be, and the same is hereby transferred from account "GAR Hall - Utilities" to account "GAB Hall - Janitorial Services", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the GAR Hall Building Commission Order read once and passed to a second reading, laid over under charter provisions #63 The Committee on Finance and Property to whom was referred the matter of Mayor's request for appropriation to account "Street Lighting" ($94.00), 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 Ninety-Four Dollars ($94.00) be, and the same is hereby appropriated for the following installation of the following street lights: PARSONS DRIVE AT SMITHSON DRIVE: Install one 4,000 lumen sodium street light on new pole//4153 OFF ESSEX STREET AT HURD STADIUM Install one 4,000 lumen sodium light on pole//4823 Said sum of money to be taken from and charged to account "Street Lighting" and is to be expended under the direction of the City Electrician. Order read once and adopted. //76 The Committee on Finance and Property to whom was referred the matter of Request from Harbormaster to sell surplus engines, 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 do hereby declare that Two (2) 1985 Evinrude 150 HP Commercial Grade engines, Model E150TLCO are surplus to the needs of the City of beverly, and do hereby authorize the Harbormaster to conduct a sealed bid auction for their sale. Order read once and adopted. 43 //72 The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorization for Mayor to sign grant application - Greenways and Trails Program, have considered said matter and beg leave to report as follows, 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 grant application to the Commonwealth of Massachusetts Department of Environmental Management Greenways and Trails Program which seeks funding to improve the entrance and trails to the Norwood Pond Area. Order read once and adopted. //75 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - No Parking on Essex Street near YMCA, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety five 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 City Council 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: "Essex Street, westerly side, from 254 Essex Street to Ice House Lane". This ordinance to take effect upon passage. //77 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Motor Vehicles and Traffic - STOP sign on Belmont Street, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety five 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: That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding thereto the following: "Belmont Street, northeastbound and southwestbound drivers on Belmont Street at Echo Avenue." This ordinance to take effect upon passage. Ordinance read once and adopted. #78 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Planning Board re acceptance of streets in Oak Hill Estates Subdivision, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. 44 ORDERED: That the City Council do hereby accept the roadways in the Oak Hill Estates Subdivision as public ways in the City of Beverly. The roads affected are Old Rubbly Road, Deer Haven Road, Sherwood Lane, Arrowhead Lane, Fox Hill Court and Old Town Road. Motion made by Councilor Murray, seconded, to send matter back to Committee for further information as to conditions on playground. RETURNED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #79 The Committee on Legal Affairs and Accounts to whom was referred the matter of Planning Department communication re sale of #205 Dunham Road Condominiums, 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 waiver of right of First Refusal for the sale of Unit #205, Dunham road, in accordance with the recommendation of the Planning Director. Order read once and adopted. #82 The Committee on Legal Affairs and Accounts to whom was referred to matter of Claim - John Chaisson, 1 Gateway Lane, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. #83 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request from YMCA to waive amusement device license fees, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the fees for the amusement device licenses at the YMCA Teen Center be waived. Order read once and adopted. #106 (#430 of 1994) The Committee on Legal Affairs and Accounts to whom was referred the matter of Acceptance of Streets in Eagle Lane subdivision as public ways, 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 accept Eagle Lane as a public way in the City of Beverly, in accordance with the recommendation of the Planning Board. Order read once and adopted. #107 (#477 of 19941 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for 2nd CMVDL - Kevin Conner, have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted. 44 45 //55 The Committee on Public Service and Aid to whom was referred the matter of Coughlin/Gilmore order re live trees at 189-191 Brimbal Avenue, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Public Hearing be held on Monday, March 6, 1995 at 7:50 p.m. in the Council Chamber, third floor, City hall relative to the removal of two live trees at 189-191 Brimbal Avenue. Order read once and adopted. //89 The Committee on Public Service and Aid to whom was referred the matter of Golin order re removal of dangerous trees - Swan and Russell Streets, have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. At the request of City Solicitor Handly, the rules were suspended to allow for discussion of Order//32B - the final agreement between YMCA and the City of Beverly for the collaboration of Youth Activities. Motion made and seconded to allow His Honor the Mayor to sign the attached Beverly Youth Collaboration Agreement. Order read once and adopted. UNFINISHED BUSINESS: The following transfers, which took a first reading on February 6, 1995 and were laid over under charter provisions, were passed on roll call votes. //17 Mayor's request for transfer to account "Safe Water Drinking Act" ($11,503.20) (6-2 Murray and Troubetaris in opposition) //18 Mayor's request for transfer to account "Beverly Shuttle Bus" ($4,715.00) //19 Mayor's request for transfer to account "Planning - Office Supplies" (91000.00) MOTIONS AND ORDERS //104 By Councilor Troubetaris: ORDERED: That the Public Works Department place curbing on the right side of Melvin Avenue. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID //105 By Councilor Troubetaris: ORDERED: That the City Council and the Mayor alleviate the flooding problem that has existed for 45 years on Sunset Drive and take any action necessary to come to a conclusion of the problem. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID Motion to adjourn: 8:55 P.M. Constance E. Perron City Clerk 45