1995-03-2053
7:58 P.M. A Public Hearing relative to NYNEX petition for conduit
on Bartlett Street at corner of Stone Street
Remanded to the Committee on Public Service and Aid
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, MARCH 20, 1995
ROLL CALL:
PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella
~LEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Murray
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of March 6,
1995 meeting - Motion passes.
CONFIRMATIONS:
#110 The appointment of Robert Lee to the Cable TV Advisory Commission was unanimously confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
#119
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Four Thousand Six Hundred Seventy-Three Dollars and Eighty-Two Cents ($4673,82)
to account "Assessor - Salaries" from account "Reserve for Unforeseen Expenditures."
This request is necessitated by Tom Holmes' vacation pay when he resigned as well as minor overlap between Nick
Haddad and Bernadine Young and the recent decision to separate Board of Assessor's duties from the daily duties of
the Assistant Assessor.
Said sum of money to be expended under the direction of the Chief Assessor. Attached is a communication from
Bernadine Young concerning this request.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON FINANCE AND PROPERTY
#120
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Four Hundred Fifty-Three Dollars and Forty-Five Cents ($453.45) to account "Out of State
Travel" from account "Harbormaster - Boat and Equipment,"
Said sum of money to be expended under the direction of the Beverly Harbormaster. Attached is a communication from
Gerald LaCombe, Chairman of the Beverly Harbor Management Authority concerning this request.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON FINANCE AND PROPERTY
#121
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Twenty Thousand Dollars ($20,000) to account "Municipal Garage Equipment - Repair
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Parts" from account "Snow & Ice Sodium Chloride."
Said sum of money to be expended under the direction of the Commissioner of Public Works. Attached is a
communication from George Zambouras concerning this request.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON FINANCE AND PROPERTY
#122
Honorable City Council
City Hall
Dear Honorable Council:
This note is in the nature of an advisory. The Beverly Airport is running an unfavorable variance in the current fiscal
year due to the need to pay both Greg Chapman and Marshall McKinnen's salaries during part of the period of Greg's
sickness prior to his retirement.
The situation will likely be worsened by the recent Chapter 11 filing of Gunnard Corporation which will likely result in
the loss of some accrued rent.
Also Mr. Trepanier the assistant manager is quite ill which could possibly impact the airport budget. Lastly, there was
an accounting adjustment made by the outside auditors to the FY93-94 year at the airport which was unfavorable.
The best current estimate of the total of these factors is 830,000. We believe that other positive variances will be
available elsewhere in the City to offset these amounts.
By law there is no need to take any action re the airport. At the end of the fiscal year, we must bring them back to
zero.
Very truly yours,
William F. Scanion, Jr. Donald Young
Mayor Finance Director
REFER TO THE COMMITTEE ON FINANCE AND PROPERTY
#123
Honorable City Council
City Hall
Dear Honorable Board:
I hereby recommend an appropriation of Eight Hundred Thirty-Eight Dollars (8838.00) for the installation of street lightsi
on Leather Lane and also the cost for the City to take over payment of the existing street lights on two completed sub-
divisions at Oak Hill Estates and Cavendish Square as per the attached communication from City Electrician Frederick
Young.
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.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON FINANCE AND PROPERTY
#124
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your consideration the attached claim from Christopher L. Plunkerr on behalf of his client Barbara
M. Lemiesz relative to an incident which occurred on Monday, November 28, 1994.
Very truly yours,
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William F. Scanion, Jr., Mayor
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//125
Honorable City Council
City Hall
,ear Honorable Council:
I hereby submit for your consideration the attached claim from Barbara Chesley, 14 Ipswich Road, Topsfield, MA
01983 for an incident which occurred on February 14, 1995.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//126
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your consideration a claim from Janet Richard, 26 Laurel Street, Beverly, MA 01915, for an
incident that occurred on December 24, 1994.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//127
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your consideration the attached claim from Christopher C. Rich, Esq. on behalf of his clients Keri
Picard & Westward Shores Camping Area & Marina, Inc. for an incident which occurred on July 7, 1994,
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//128
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Board authorize the Mayor to sign the two attached Subordinations of Mortgage
for Charland for property at 10 Pleasant Street, Beverly, MA 01915, as per the attached communications from Kim
Driscoll, Community Development Director.
Very truly yours,
William F. ScanIon, Jr., Mayor
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REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#129
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Board authorize the expenditure of Twenty-Five Thousand Dollars ($25,000) from
the David S. Lynch Public Parks Fund for the replacement of fencing, brick and stonework at Lynch Park as per the
attached communication from Gordon T. Richardson, Chairman of the Lynch Fund Trustees.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFER TO THE COMMITTEE ON FINANCE AND PROPERTY
#130
Honorable City Council
City Haft
Dear Honorable Council:
I hereby submit for your confirmation the appointment of Ms. Debra Hurlburr as the Assistant City Planner as per the
attached communication from Planning Board Chairman, James Manzi.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#131
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. Steve Reynolds, 41 Washington Street, Beverly, MA 01915, to
serve as a member of the Beverly Commission for the Physically and Mentally Handicapped.
He will fill the vacancy left by Elizabeth Carlsley. His term will be effective until November 1, 1997.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#132
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to you confirmation, Mr. Timothy Creamer, 36 Appleton Avenue, Beverly, MA 01915, as a
Constable in the City of Beverly for the sole purpose of serving Civil Process.
His term to be effective until March 31, 1998.
Attached is his application which has been approved by Police Chief John Finnegan.
Very truly yours,
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William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
//133
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, Mr. Chester A. Mazer, 13 Middle Street, Beverly, MA 01915, to serve
as Constable in the City of Beverly for the sole purpose of serving Civil Process.
His term to be effective until March 31, 1998.
Attached is his application for reappointment which has been approved by Police Chief John Finnegan.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
//134
March 16, 1995
City Council
City of Beverly, 191 Cabot Street
Honorable Council Members:
For reasons unknown, the attached license for use of real property was never fully processed in 1991. The U. S.
Department of Commerce needs this license to be completed so that it may start on the installation of an Automated
Surface Observing System (ASOS) at Beverly Municipal Airport sometime in 1996.
The ASOS is a fully automatic, state of the art weather reporting system used by both aircraft and the control tower,
Beverly Airport was one of hundreds of airports across the States selected to have this instrument installed (at no cost
to the airport).
The ASOS will be a tremendous asset to flight safety as it will provide vital weather information to aircraft operators.
Total weather information is currently not readily available.
The plot of land being leased is small, as indicated by the side survey, and is in an area that would not be developed
for buildings or non-aviation uses. This lease is gratis, as is normal in most inter-governmental licensing. The effective
date of the license has been changed with permission of the Dept. of Commerce.
We request your favorable approval to this document. If you have any questions, please contact Airport Management
at 921-6072. Thank you for your time and consideration.
Sincerely,
Robert Farmer, Chair; Beverly Airport Commission
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
_//135
: City Council
City of Beverly
Re: Conservation Ordinance
Dear Councilors:
Attached, for your review, is the completion of the Beverly Wetlands Protection Ordinance.
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A copy is also being sent to the City Solicitor.
Very truly yours,
Vincent J. Cotreau, Chairman
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
COMMUNICATIONS. APPLICATIONS AND PETITIONS:
#97A Communication from Thomas Alexander re conservation restriction for Bradenton Limited Partnership
REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#136 NYNEX petition for conduit on Hale and Lothrop Streets.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#137 NYNEX petition for conduit on Ober Street.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#138 NYNEX petition for conduit on Hale Street.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AiD
#139 NYNEX petition for conduit on Ober Street and Lanthorn Lane.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#140 NYNEX petition for conduit on East Coming Street.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
REPORTS FROM COMMITTEES:
#98
The Committee on Finance and Property to whom was referred the matter of
Mass DOR Preliminary Levy Limits - FY96 has considered said matter and begs
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#109
The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account
"Police Overtime" (45,000.00), 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 Forty Five Thousand Dollars (45,000.00) be, and the same is hereby transferred to
"Police Overtime" from the following accounts:
$15,000.00 from "Reserve for Unforeseen Expenditures
30,000.00 from "Special Police Detail"
in accordance with the recommendation of His Honor the Mayor
Said sum of money to be expended under the direction of the Chief of Police.
Order read once and passed on to a second reading under charter provisions.
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#90
The Committee on Legal Affairs and Accounts to whom was referred the matter of Council Murray order re Laura Hillyer
sewer line have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#112
The Committee on Legal Affairs and Accounts to whom was referred the matter of Request from Pine Street Inn to
place clothing bin in Muncipal Parking lot 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 grant permission for the Pine Street Inn to place a bin in the Pond
Street Municipal Lot for the collection of used clothing, The agreement can be
terminated at will, if the agreement becomes unsatisfactory and the Pine Street Inn will
remove the bin immediately upon request.
Order read once and adopted 8-1, Councilor Mahan opposed.
#115
The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for five (5) Limousine
Licenses 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 grant Five (5) Limousine Licenses to Adventure Limousine for the
year 1995 provided that the fee for the same licenses be paid for 1994, since there
have been licenses granted in 1991, 1992, and 1993 at the same address.
Order read once and adopted.
#118
The Committee on Legal Affairs and Accounts to whom was referred the matter of Councilors order for Smoke Free
City Hall have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
For the Health and Welfare of all, that Beverly City Hall be declared a smoke-free
building and that no person including employees, shall smoke in any office, hallway or
restroom therein. Be it further ordered that the City Solicitor draft an ordinance to
implement this order and designate the legal enforcement authority.
Order read once and adopted, 8-1 with Councilor McGlynn opposed.
#141 (#469 of 1994)
The Committee on Legal Affairs and Accounts to whom was referred the matter of Authorization to sign lease between
City of Beverly and Susan Judge have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File.
Order read once and adopted.
#55
The Committee on Public Service and Aid to whom was referred the matter of Removal of two (2) 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 the Commissioner of Public Works be, and the same is hereby ordered to place two (2) live trees at
189-191 Brimbal Avenue on the list of trees to be removed at city expense.
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Order read once and adopted.
#105
The Committee on Public Service and Aid to whom was referred the matter of Councilor Troubetaris order re flooding
on Sunset Drive have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#114
The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition re conduits 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.
ORDERED:
That a Public Hearing be held on Monday, April 3, 1995 at 7:58 p.m. in the Council
Chamber, third floor, City Hall relative to a Petition of NYNEX for a conduit at the Harry
Ball Field.
Order read once and adopted,
#142 (#93 of 1994)
The Committee on Public Service and Aid to whom was referred the matter of Commissioner of Public Works and
Solicitor review water and sewer abatement practices 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 the conditions set forth in the enclosed communication
from the City Solicitor relative to water/sewer abatements
Motion made and seconded to return matters to Committee for further study.
#143 (#454 of 1994l
The Committee on Public Service and Aid to whom was referred the matter of Dog Officer meet with Public Service
and Aid have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#144
The Committee on Public Service and Aid to whom was referred the matter of Comprehensive plan for City's storm
water drainage system 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 ordered to submit
a comprehensive plan for updating and improving the City's storm water drainage
system. This plan must be submitted to the full City Council within 60 days of the
passage of this order. Be it further ordered that the Commissioner request funds for
the first phase of improvements in his FY1996 budget.
Order read once and adopted.
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MOTIONS AND ORDERS
//145
By Councilor Troubetaris
ORDERED: That the City Council adopt the attached ordinance making Harris Street, one way
from
Kernwood Avenue to Livingstone Avenue.
REFER TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
//146
By Councilor Coughlin:
ORDERED: That the Commissioner of Public Works be, and the same is hereby requested to make a study and
recommendation relative to the removal of two (2) live trees at 252 Essex Street.
REFER TO THE COMMITTEE ON PUBLIC SERVICE AND AID
//147
By Councilor Nardella:
ORDERED: That the City Assessor compile a complete accurate, updated list of all non-profit organizations
doing business in the City of Beverly.
Said list should include the specific non-profit designation as well as the record of
any payment of money or services in lieu of taxes made to the City by the
organization
REFER TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#148
By Councilors Rollins, Golin and McGlynn:
ORDERED: That the City Council review and amend, as necessary, the dog ordinance that was
passed in 1992.
REFER TO THE COMMITTEE ON PUBLIC SERVICE AND AID
Motion to adjourn: 10:30 P.M.
Constance E. Perton
City Clerk
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