1995-06-19118
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, JUNE 19, 1995
ROLL CALL:
PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray,
Rollins, Troubetaris and Nardella
ABSENT: None
PLEDGE OF ~T,T.EGIANCE TO THE FLAG: Led by Councilor Gilmore
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to
accept minutes of June 5, 1995
CONFIRMATIONS:
#243
#2~
#2~5
#2~6
#2~7
#248
The appointment of Paul Polonsky as Constable was
confirmed.
The appointment of Robert McHugh to the Board of
Registrars of Voters was unanimously confirmed.
The appointment of Anthony Paluzzi to the Conservation
Commission was unanimously confirmed.
The appointment of Jane Lyman to the Parks and Recreation
Commission was unanimously confirmed.
The reappointment of Daniel Klemis, Sam Wilde and Albert
Churchill to the Parks and Recreation Commission was
unanimously confirmed.
The extension of one year to the terms of Oliver Cook and
William Terry on the Licensing Board was unanimously
confirmed.
unanimously
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
#261
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Two Thousand Nine Hundred Dollars
account "Planning Department - Office Renovations" from account
Contract."
($2,900) to
"Ambulance
Said sum of money to be expended under the direction of the Planning
Director. Attached is a communication from Tina Cassidy and Kim Driscoll
concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#262
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request a transfer of Two Hundred Fifty-Seven Dollars and Ninety
Cents ($257.90) to account "War Memorial Advisory Committee" from account
"Veterans Services."
Said sum of money to be expended under the direction of the Director of
Veterans Services. Attached is a communication from George White concerning
this request.
very truly yours,
William F. Scanlon, Jr., Mayor
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REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#263
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that the transfer requests submitted this evening take a
first reading in order that the necessary readings be completed before the
end of the 1995 Fiscal Year.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#26~
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the
attached Subordination Agreement for the Finn property at 8-10 Porter Street,
Beverly, MA 01915.
Also attached is a communication from Kim Driscoll concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#265
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to
reserve officers as permanent,
Department:
Joseph Shairs, 21 Folger Avenue,
David Faustino, 65 Burley Street,
Their appointments to be effective August 1,
Very truly yours,
William F. Scanlon, Jr., Mayor
LAID OVER FOR CONFIRMATION
your confirmation, the following
full-time patrolmen for
permanent
the Beverly Police
Beverly, MA 01915
Danvers, MA 01923
1995.
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COI~NIC~TIONS FROH OTHER CITY OFFICERS AND BOARDS:
#266
Honorable City Council
City Hall
Beverly, MA 01915
Dear Council,
Re: Revise Parking Ordinance, Abbott Street
We have received a request to allow more parking on Abbott Street, southerly
side, from Endicott Street to Brown Street. Presently parking is available
on both sides except this short piece. We are recommending this ordinance be
amended to allow parking at this location.
Please take necessary action to amend City of Beverly Revised Ordinances,
Chapter 14, Section 120 as follows:
DELETE: Abbott Street, southerly side from Endicott
Street to Brown Street
very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#178
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: City Council order #178 - Recommendation From Planning Board relative to
Joint Public Hearing
Dear Members of the Council:
At a Special meeting of the Planning Board held on Monday, June 5, 1995,
members of the Board voted unanimously to recommend to the City Council that
a Joint Public Hearing be held on the above-referenced order. This vote was
taken as a procedural matter, and is not intended to be a reflection on the
merits of the proposal.
In accordance with M.G.L. Chapter 40A, Section 5, the public hearing on this
Order must be held by July 29, 1995 (within 65 days of receipt of the Order
by the Planning Board.)
Respectfully,
James A. Manzi, Chairman
Beverly Planning Board
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#267
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Dear Members of the Council:
As you know, the City currently leases the Hardie School on Essex Street to
the Montserrat College of Art. Leasing the upper two stories to the College
in 1991 and the lower floors in 1994 has generated over $150,000.00 in income
for the City.
The lease between the City and Montserrat College expires on September 30th
of this year. The purpose of this letter is to ask the City Council if it
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wishes to continue leasing the school and, if it does, for direction on the
parameters of the "Request for Proposals" (RFP'S) that must be issued to
solicit potential tenants. A copy of the RFP used in 1991 is attached to
this letter for illustration purposes.
Due to the pending lease expiration date and the advertising requirements of
State bidding laws, I am hopeful the Council can discuss the issue before it
begins its summer recess in July. I would be happy to attend either Council
or Committee meetings to discuss the subject.
Respectfully,
Tina P. Cassidy, Planning Director
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY WITH COPY TO LEGAL AFFAIRS
AND ACCOUNTS
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#268 A Communication from Beverly High School Softball Boosters to leave
advertising on fence at Innocenti Park
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#269 Mass Electric petition for conduit on Brimbal Avenue
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#270 Request from Daniel White to operate refreshment stand at Dane
Street Beach bath house
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#271 Notice from South Essex Sewerage District of intent to take by
eminent domain certain easements within Goldway Playground and Ward
Two Playground
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#272 Communication from Winterbourne Productions, Inc. re filming in
Beverly Farms area
RECEIVED AND PLACED ON FILE
REPORTS FROM COMMITTEES
#273 (#39 OF 1994)
The Committee on Finance and Property to whom was referred the matter of
Coughlin order for independent public safety consultant to study Police
Department has considered said matter and begs leave to report as follows, to
wit:
Receive and Place on File
Order read once and adopted.
#201
The Committee on Finance and Property to whom was referred the matter of loan
authorization for School Bus Funding has considered said matter and begs
leave to report as follows, to wit:
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Submit the accompanying order and recommend its adoption.
ORDERED:
That $127,500 is appropriated for the purchase of school
buses; 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 $127,000
under G. L. Chapter 44, section 7(9) 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.
Be it further ordered, that the City Council hold a
Public Hearing on Thursday, June 29, 1995 at 7:27 p.m. in
the Council Chambers, third floor, City Hall relative to
the bond authorization for the purchase of three (3)
school buses.
Order read once, passed to a second reading, laid over under charter
provisions.
#2~0
The Committee on Finance and Property to whom was referred the matter of
Mayor's request for first reading on all money matters has considered said
matter and begs leave to report as follows, to wit:
Receive and Place on File.
Order read once and adopted.
#296
The Committee on Finance and Property to whom was referred the matter of
FY96 Municipal Budget has considered said matter and be
T leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the sums of money recommended by His Honor the Mayor
in his communication of June 5, 1995 be, and the same are
hereby appropriated for the specific purposes in the
budget, with any exceptions to be delineated prior to a
second reading on the matter.
Order read once, passed to a second reading, laid over under charter
provisions.
#261
The Committee on Finance and Property to whom was referred the matter of
Mayor's request for transfer to account "Planning Department - Office
Renovations" ($2,900.00) has considered said matter and begs leave to report
as follows, to wit:
Submit the accompanying order and recommend its adoption - 2-1 with Coughlin
opposed
ORDERED:
That the sum of Two Thousand Nine Hundred Dollars
($2,900.00) be, and the same is hereby transferred from
account "Ambulance Service" to account "Planning
Department- Office Renovations", in accordance with the
recommendation of His Honor the Mayor.
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Said sum o'f money to
Planning Director.
Order read once and fails (0-9)
be expended under the direction of the
#274 (#92 of 1994)
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Rollins/Troubetaris Order to amend Chapter 2, Sect 6 relative to residency
requirements for contractors paid by the City, have considered said matter
and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That Chapter 2, Section 6 of the Revised Ordinances of
the City of Beverly as it relates to Residency
requirements for contractors paid by the City be deleted
in its entirety.
Order read once and adopted - 6-3 with Troubetaris, Rollins and Murray
opposed.
#135
The Committee on Legal Affairs and Accounts to whom was referred the matter
of proposed Wetlands Protection Ordinance 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 Tuesday,
September 5, 1995 at 7:00 p.m. relative to the proposed
Wetlands Protection Ordinance for the City of Beverly.
Order read once and adopted.
#217
The Committee on Legal Affairs and Accounts to whom was referred the matter
of communication from Mayor re settlement of Worker's Compensation claim
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 Solicitor be, and the same is hereby
authorized to settle the Worker's Compensation claim of
John Buckley, for a one-time $18,000 payment, as
recommended by His Honor the Mayor.
Order read once and adopted.
#241
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Mayor's request for ordinance change relative to Assessor's position 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
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An Ordinance
amending an ordinance entitled "Board of
Assessors" Created; composition, qualifications,
terms etc., of members; duties of clerk
& "Classification & Pay Plan
Sec .
Sec .
Current Wording
2.331 Created; composition,
qualifications, terms
etc., of members; duties
of clerk
(a) There shall be a
board of assessors or
taxes consisting of (3)
members as required by
law, one (1) of whom
shall be chief assessor
and chairman of the
board, who shall be
elected in January for
a term of three (3) years
and until his successor
is elected and qualified.
There shall be one (1)
member of the board of
assessors who shall be
elected in January for
a term of three (3) years
and until his successor
is elected and qualified
(b) there shall be one (1)
part-time member of the
board of assessors who shall
be elected in January for a
term of three (3) years and
until his successor is
elected and qualified.
17-29
Unclassified Salaries
The compensation of the
several officers
mentioned in this section
shall be at the following
rates per annum, except
otherwise as provided
payable in equal weekly
payments:
Chief assessor: Forty
thousand seven hundred
dollars ($40,700.00)
Assessor, member of the
board: Thirty thousand
nine hundred seventy-five
hundred dollars
($30,975.00)
Assistant part-time
assessor: eight thousand
dollars ($8,000.00).
Revised Wording
...of assessors
There shall be a
board of assessors or
taxes consisting of (3)
members as required by
law, one (1) of whom
shall be chief assessor
and chairman of the
board, who shall be
elected in January for
a term of three (3) years
and until a successor
is elected and
qualified.
There shall be two (2)
part-time assessors and
members of the board of
assessors who each shall
be elected in January for
terms of three ( 3 ) years
and until successors are
elected and qualified
delete
The compensation of the
several officers
mentioned in this section
shall be at the following
rates per annum, except
as otherwise provided
in these ordinances or by
statute where applicable,
payable in equal weekly
payments;
Chief assessor: Forty
three thousand seven
hundred dollars
($43,700.00)
Assessors, members of
the board: Three
thousand dollars
($3,000.00)
Assistant Assessors
Thirty two thousand
nine hundred seventy-
five dollars
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(832,975.00), or as
provided under Mass.
Gen. Law, Ch.41, Sec.
25A and as appropriated
for by the City Council
This ordinance to take effect upon passage.
Ordinance read once and adopted.
#242
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Claim - Susan Lavoie, 62 Sturtevant Street have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File (Refer to the City Solicitor)
Order read once and adopted.
#249
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Mortgage Discharge - Taylor, 18 Agate 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 Mortgage Discharge for property owned by H. Carney and
Phyllis M. Taylor at 18 Agate Street, in accordance with the recommendation
of the Community Development Director.
Order read once and adopted.
#250
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Mayor's request to eliminate Civil Service for labor force have considered
said matter and beg leave to report as follows, to wit:
Refer to the Committee of the Whole
Order read once and adopted.
#251 (#431 of 1994)
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from Planning Department re acceptance of Cavendish Square
Subdivision 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 Cavendish Square as a public
way in the City of Beverly, in accordance with the
recommendation of the Planning Department and the
Commissioner of Public Works.
Order read once and adopted.
#252
The Committee on Legal Affairs and Accounts to whom was referred the matter
of communication from Planning Department re acceptance of Friend Estate
Subdivision have considered said matter and beg leave to report as follows
to wit: '
Submit the accompanying order and recommend its adoption.
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ORDERED:
That the City Council accept the Friend Estate
subdivision (Cornell Road extension) as a public way in
the City of Beverly, in accordance with the
recommendation of the Planning Department.
Order read once and adopted.
#253
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from Police Department re paring meter time limit changes
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
Discussion re the placement of all day meters adjacent to Cabot Street.
Councilor Murray reported concern of business owners. Matter referred back to
Committee for further examination.
#255
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Ordinance change - Motor Vehicles and Traffic 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:
"Matthies Street, southerly side, from McKay Street, fifty feet
(50') westerly"
and inserting in place thereof the following:
"Matthies Street, both sides, from McKay Street, fifty feet
(50') westerly"
This ordinance to take effect upon passage.
Ordinance read once and adopted.
#256
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Beverly Public Library Personnel Contracts 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 personnel contracts for
the Library Director and Assistant Director, as
recommended by the Library Board of Trustees.
Order read once and adopted.
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#257
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from the Selective Service System have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File (Copy to Veterans' Agent for posting in his office)
Order read once and adopted.
#258
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Ordinance change re Economic and Community Development Council 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 Economic and Community
Development Council relative to Establishment; composition and
appointment; and purpose
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 2, Section 436 be amended by replacing the section in its
entirety with the following:
"Sec. 2-436. Establishment; composition and appointment.
There is hereby established an economic and community development
council. The council shall consist of eleven (11) members. The members
shall be appointed as follows:
(i)
Appointed ex-officio: the Mayor; the Commission of Public
Works or his designee; the Planning Director; and the
Community Development Director
(2)
Appointed by the Mayor and coterminous with the Mayor:
Members at large, one each with industrial experience,
financial investment experience, commercial experience,
the Chamber of Commerce and two (2) members of the
community.
(3) The city council shall elect, by a majority vote, a
representative member of its own number.
(4)
Additional community members may be appointed by the
Mayor on an as needed basis to staff ad hoc committees.
Members of ad hoc committees will serve on an ex-officio
(non-voting) basis."
Be it further ordained that Sec. 2-437 be amended by replacing the section in
its entirety with the following:
"Sec. 2-437 Purpose
The economic and community development council shall formulate, under
the auspices of the mayor, a community and economic development policy The
council shall provide a vehicle for coordination and communication between
all development agencies and officials, city departments, commissions and
boards, and the mayor's office in order to ensure a timely governmental
response to development issues, opportunities and problems.
The use of ad hoc committees is allowed in that they can perform studies
and make recommendations to the voting members of the economic and community
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development council.
This ordinance to take effect upon passage.
Ordinance read once and adopted.
#205
The Committee on Public Service and Aid to whom was referred the matter of
NYNEX petition for conduit on Bayview Avenue have considered said matter and
beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
#209
The Committee on Public Service and Aid to whom was referred the matter of
removal of live tree at 60akhurst Road 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 Thursday, June 29, 1995
at 7:28 p.m. in the Council Chamber, third floor, City
Hall relative to the removal of a live tree at 60akhurst
Road.
Order read once and adopted.
#229
The Committee on Public Service and Aid to whom was referred the matter of
Removal of one live tree - Lawnbank Road have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Motion by McGlynn, seconded by Coughlin to return matter to Committee -
Motion passes.
#230
The Committee on Public Service and Aid to whom was referred the matter of
removal of two (2) live trees - 32 Lakeshore Avenue have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Motion by McGlynn, Second by Coughlin to return matter to Committee - motion
passes.
#259
The Committee on Public Service and Aid to whom was referred the matter of
Golin order for installation of sidewalks on Herrick Street have considered
said matter and beg leave to report as follows, to wit:
Recommend adoption of the order.
Order read once and adopted.
#269
The Committee on Public
Service
and Aid to whom was referred the matter of
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Mass Electric petition for conduit in 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 City Council hold a Public Hearing on Thursday,
June 29, 1995 at 7:29 p.m. in the Council Chambers, third
floor, City Hall, relative to a Mass Electric petition
for conduit in Brimbal Avenue.
Order read once and adopted.
UNFINISHED BUSINESS:
The following transfers were read into the Council on June 6, 1995; passed to
a second reading under charter provisions and were passed on a roll call vote
#216 Mayor's request for transfer to account "Officers
Equipment" ($9,000.00)
#237 Mayor's request for transfer to account "Assessor's
Salaries" and "Assessor's Renovations" ($6,648.72)
#238 Mayor's request for transfer to account "Appraisals for
property at One Water Street" ($6,250) - Passed 8-1 with
Murray opposed.
#239 Mayor's request for transfer to account
Department - Dog Officer" ($12,292.85)
"Police
Motion to recess meeting to Thursday, June 29, 1995 at 7:30 p.m.: 10:20 pm
Attest: Constance E. Perron
City Clerk
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