1995-06-29130
7:27 P.M. Public Hearing re bond authorization for purchase of
three school buses - Remanded to the Committee on
Finance and Property
7:28 P.M. Public Hearing on removal of live tree at 60akhurst Road -Remanded to the Committee on Public Service and Aid
7:29 P.M. Mass Electric petition for conduit in Brimbal Avenue -
Remanded to the Committee on Public Service and Aid
RECESSED MEETING OF THE BEVERLY CITY COUNCIL - THURSDAY, JUNE 29, 1995
ROLL CALL:
PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray,
Rollins, Troubetaris and Nardella
ABSENT: None
PLEDGE OF ALLEGIAMCE TO THE FLAG: Led by Councilor Golin
ACCEPTAMCE OF MINUTES OF PMVIOUS MEETING: Motion made and seconded to
accept minutes of June 19, 1995
CONFIRMATIONS:
#265 The appointment of Joseph Shairs
full-time patrolmen for the
unanimously confirmed.
and David Faustino as permanent,
Beverly Police Department was
COMMUNICATIONS FROM HIS HONOR THE MAIOR:
#275
Honorable City Council
City Hall
Dear Honorable Council:
I have reviewed the recommendations of the Committee on Finance and Property
and respectfully request that the City Council consider a reallocation of my
initial budget. I request a new line item in the Police Personnel Services
Account titled "Secondary Rate" funded in the amount of $60,000.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#276
Honorable City Council
131
City Hall
Dear Honorable Council:
Upon review of the recommendation of the Committee on Finance and Property,
I respectfully request the addition of $15,000 to the "Sidewalk" account.
This amount was originally included in Cemetery paving.
Very truly yours,
William F. Scanlon,
Jr., Mayor
~EFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#277
Honorable City Council
City Hall
Dear Honorable Council:
I support the elimination of the so called $300 surcharge on Beverly Golf and
Tennis Club permit holders effective as of calendar year 1996.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#278
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Board authorize the Mayor to sign the
attached lease agreements between the Beverly Harbor Management Authority and
the following lessees:
Louis Balboni
William Englehardt
Therese Sauvageau
Ronald Camire
Edward Harbick
John Zdanowicz
Ronald Nelson
David Tahany
Donat Femino
Dana Duhaime
Jonathan Kleemola
George Barbeau
Ronald Kearn
John Velardi
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#279
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 265 Rantoul Street for property owned
by Mr. and Mrs. Steven Kruczynski.
Attached is a communication from Kim Driscoll, Community Development
Director, concerning this request.
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Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#280
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 265 Rantoul Street owned by Mr.
and Mrs. Steven Kruczynski.
Also attached is a communication from Kim Driscoll, Community Development
Director, concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#281
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for your information the appointment of John P. Dunn, 4
Jasper Street, Beverly, MA 01915, as the acting Collector/Treasurer
effective July 17, 1995 to temporarily fill the position of Judith Mulligan
who has resigned to become the Business Manager for the Beverly Public
Schools.
Although I realize that permanent appointments to this position come within
the Council's authority, in view of the severe time constraints, the year end
closing and the near-term leaving of Judith Mulligan, I have chosen to
exercise my 60-day temporary appointing authority.
A copy of Mr. Dunn's resume is attached and he is in the Chamber this evening
for you to be able to meet him.
Very truly yours,
William F. Scanlon, Jr., Mayor
RECEIVED AND PLACED ON FILE
#282
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit, for your information, the appointment of Mr. Daniel G.
McPherson, 6 Mechanic Street, Beverly, MA 01915 as the acting Harbormaster
for the City of Beverly effective July 15, 1995. Mr. McPherson will replace
Mr. Christopher Deeley who has resigned to become the Harbormaster in the
City of Gloucester.
Mr. McPherson will begin training with Mr.
Very truly yours,
William F. Scanlon, Jr., Mayor
Deeley on Monday,
July 4, 1995.
RECEIVED AND PLACED ON FILE
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#283
Honorable City Council
City Hall
Beverly, MA 01915
Ladies and Gentlemen of the Council:
Enclosed herewith is an order seeking authorization to submit a grant
application to the Executive Office of Communities and Development (EOCD)
4unicipal Incentive Grant Program for assistance funding a citywide growth
aanagement study.
It is anticipated that the proposed study will provide the City with
information concerning the impact future development will have on municipal
needs, such as public safety, schools and infrastructure. Moreover, this
analysis could serve as a long range planning tool that would be useful for
updating the City's current Master Plan which was prepared in 1986. Given
the large amount of developable land within the community, it seems to make
sense to examine the potential effect that new development will have on
future City services.
A maximum of $30,000 is available to fund municipal planning projects and no
cash match is required.
With this in mind, I respectfully request authorization to sign and submit
the aforementioned grant application to EOCD prior to the
July 7, 1995 deadline. Whereas there are no Council meetings scheduled prior
to the grant deadline, I would appreciate it if you could take immediate
action on this request.
Thank you for your consideration of this matter.
Sincerely,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
CONMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Re: Recommendation to City Council on Order #155 - Amendments to the
definition of "Home Occupation: and "Lot"
At the Planning Board's meeting held on Tuesday, June 20th, members discussed
the above-referenced Council Order that would amend the definition of "home
occupation: and "lot: as they are used in the Zoning Ordinance.
After considering the input from the public, City Councilors, and members of
the Planning Board gathered during the public hearing, the Board considered
alternative language for both definitions. With respect to the definition of
"LOT", the Board recommends that the City Council consider adopting the
]attached language rather than the language originally proposed. It is the
Planning Board's opinion that the attached language is more easily understood
than the language proposed in Order #155, and accomplishes the original goal
of the Order.
with respect to the proposed changes to the definition of "home occupation:,
the Board respectfully recommends that the language proposed in Order #155
not be adopted at the present time. The board, with the assistance of
planning Staff, is in the process of developing alternative language that
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will hopefully address the City Solicitor's concerns about the current
Ordinance while at the same time addressing the concerns raised during the
course of the public hearing. Those concerns included the undesirability of
requiring certain professions to seed special permits while allowing others
to operate by right and an aversion to making it more difficult and expensive
for homeowners to operate small businesses from their homes. The Board had
hoped to forward optional language to the council for its consideration with
this letter. During the discussion earlier this week, however, the Planing
Board decided it would like to spend more time considering this issue before
suggesting another definition. It is the board's intention to craft a
proposal during the summer and to send it to the City Council in time for the
Council's first meeting in the fall.
On behalf of the entire Board, I want to thank you for you consideration of
these recommendations. If you have any questions, please feel free to
contact Planning Director Tina Cassidy at 921-6000 extension 173.
Respectfully,
James A. Manzi, Planning Board Chairman
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#286
City Council
City of Beverly
Beverly, MA 01915
Dear Councilors,
I am respectfully submitting my resignation from the position of City Tax
Collector/Treasurer effective July 14, 1995. As you all know, I will be
assuming the position of School Business Manager for the Beverly school
system. I am excited about the new opportunity but will miss my colleagues
at City Hall. It has been a pleasure working with all of them, including the
Council. Thank you for the opportunities I have enjoyed here.
Sincerely yours,
Judith Mulligan, Collector/Treasurer
RECEIVE AND PLACE ON FILE-LETTER OF GRATITUDE TO MS. MULLIGAN
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#284 A Communication from Mass Electric for relocation of
pole #1305 in Swan Street
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#285 Claim - Bonnie Lord, 9 Myrtle Street, Beverly
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
REPORTS FROM COMMITTEES
#254
The Committee on Finance and Property to whom was referred the matter of
Beverly Golf and Tennis request to meet with Council, has considered said
matter and begs leave to report as follows, to wit:
Receive and Place on File
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Order read once and adopted - 8-0 with Coughlin abstaining.
#262
The Committee on Finance and Property to whom was referred the matter of
Mayor's request for transfer to account "War Memorial Advisory Committee"
($257.90) has considered said matter and begs leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the sum of Two Hundred Fifty Seven Dollars and
Ninety Cents ($257.90) be, and the same is hereby
transferred to account "War Memorial Advisory committee"
from account "Veterans Services" in accordance with the
recommendation of His Honor the Mayor.
Said sum of money to be expended under the direction of
the Director of Veterans Services.
Order read once and adopted.
#263
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.
#275
The Committee on Finance and Property to whom was referred the matter of
Mayor's request to add $60,000 to budget as "Secondary Rate" in Police
Department budget has considered said matter and begs leave to report as
follows, to wit:
Receive and Place on File (accomplished in budget process)
Order read once and adopted.
#276
The Committee on Finance and Property to whom was referred the matter of
Mayor's request to add $15,000 in Budget to "Sidewalk" account from Cemetery
"Paving" account has considered said matter and begs leave to report as
follows, to wit:
Receive and Place on File (accomplished in budget process)
Order read once and adopted.
#277
The Committee on Finance and Property to whom was referred
Mayor's communication re Beverly Golf and Tennis surcharge
said matter and begs leave to report as follows, to wit:
Receive and Place on File - 2-0 Coughlin abstaining.
Order read once and adopted - 8-0 Coughlin abstaining.
#57
the matter of
has considered
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from Planning re agricultural, horticultural and
floricultural use in 5000 sq. ft. lots have considered said matter and beg
leave to report as follows, to wit:
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Refer to the Committee of the Whole.
Order read once and adopted.
#167
The Committee on Legal Affairs and Accounts to whom was referred the matter
of application for Class II MVDL for Northeast Autolab have considered said
matter and beg leave to report as follow, to wit:
Recommend the license be granted.
Order read once and adopted.
#178
The Committee on Legal Affairs and Accounts to whom was referred the matter
of communication from Building Inspector re special permits from Board of
Appeals rather than Planning in WD and CC districts have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File.
Order read once and adopted.
#185
The Committee on Legal Affairs and Accounts to whom was referred the matter
of license transfer from Circle K to Gibbs Oil Company at 295 Cabot Street,
have considered said matter and beg leave to report as follows, to wit:
Recommend the license be transferred pending receipt by City clerk of site
reports on testing done at the location.
Order read once and adopted.
#195
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Order for zoning amendment re preservation of Historic Structures have
considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
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 Parking Meter time changes have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the following changes for parking meters
in Beverly be made in areas requested.
Municipal Parking Lots:
"A" Lot located rear of Brook;s -
indentation by Rent-A-
Center - change 16 2-hour
meters to 16 all day
meters.
Area closest to Barter
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Brothers - change 7 2-
hour meters to 7 all day
meters.
"C" Lot
located rear of Casa-de-
Moda/Beverly Co-op Bank
right side, rear of
Mitchell's Dance Studio -
change 5 2-hour meters to
5 all day meters.
On Street Meters:
Federal Street, opposite St. Mary's School -
change 6 2-hour meters to 6 all day meters.
All other on-street meters that are presently 1 hour parking meters should be
changed to 2-hour parking meters.
Order read once and adopted.
#26~
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Subordination Agreement - Finn for property at 8-10 Porter 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
with Finn for property at 8-10 Porter Street, as
recommended by Community Development Director Kim
Driscoll and that the City Solicitor be authorized to
accept payment of overdue municipal property taxes.
Order read once and adopted.
#266
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Ordinance change - Parking on Abbott 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 time
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:
"Abbott Street, southerly side, from Endicott Street to Brown
Street"
This ordinance to take effect upon passage.
Ordinance read once, adopted and passed to be ordained.
#267
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from Planning Director re RFPs for Hardie School have
considered said matter and beg leave to report as follows, to wit:
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Submit the accompanying order and recommend its adoption.
ORDERED: That the Planning Director be and the same is hereby
authorized to issue Requests for Proposals for the lease
of the Hardie School, in accordance with the attached
parameters.
Order read once and adopted.
#270
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from Daniel White re concession stand at Dane Street Beach
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted - 8-0 with Golin abstaining.
#271
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Communication from South Essex Sewerage District re eminent domain taking
of easements at Goldway and Ward Two playgrounds have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#278
The Committee on Legal Affairs and Accounts to whom was referred the matter
of leases between City of Beverly (Harbor Management Authority) and boat
owners 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 leases between the City
of Beverly Harbor Management Authority and the listed
boat owners for slips at the Harbor.
Order read once and adopted.
#279
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Subordination Agreement with Steven Kruczynski 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 subordination
agreement with Mr. and Mrs. Steven Kruczynski for
property at 265 Rantoul Street.
Order read once and adopted.
#280
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Mortgage discharge for Mr. Kruczynski 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
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authorized to sign the attached Mortgage Discharge for
property at 265 Rantoul Street, owned by Mr. and Mrs.
Steven Kruczynski.
Order read once and adopted.
#283
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Mayor's request for grant application - Growth Management study 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 grant application for the
Commonwealth of Massachusetts Executive Office of
Communities and Development Municipal Incentive Grant
Program which seeks funding to hire a consultant to
prepare a citywide growth management study.
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: A Public Hearing having been held, be it ordered that the
live tree at 60akhurst Road be placed on the list of
trees to be removed at City expense
Order read once and adopted.
#229
The Committee on Public Service and Aid to whom was referred the matter of
removal of live tree - Lawnbank Road 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 7:58 p.m. in the Council Chamber,
third floor, City Hall relative to the removal of a live
tree at Lawnbank Road. The tree is the first tree on the
left side of Lawnbank Road.
Order read once and adopted.
#230
The Committee on Public Service and Aid to whom was referred the matter of
removal of two live trees - 32 Lakeshore Avenue have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
#268
The Committee on Public Service and Aid to whom was referred the matter of
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communication re advertising signs at Innocenti Park
matter and beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
#269
The Committee on Public Service and Aid to whom was
Mass Electric petition re conduit in Brimbal Avenue
matter and beg leave to report as follows, to wit:
Recommend the petition be granted.
Order read once and adopted.
have considered said
referred the matter of
have considered said
#250
The Committee of the Whole to whom was referred the Mayor's request to
abolish Civil Service for the labor force, have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That the City Council approve the Mayor's request to
abolish Civil Service for the labor service employees of
the City of Beverly.
Order read once and adopted - 6-3 with Coughlin, Gilmore and Mahan opposed.
#287
The Committee of the Whole to whom was referred the matter of ordinance
amending pay rate for Assistant City Solicitor 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 PERSONNEL
Unclassified Salaries
relative to
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 17, Section 29 of the Revised Ordinances of
the City of Beverly be, and the same is hereby amended by
changing Assistant City Solicitor from $26,470.50 to
$30,000.
This ordinance to take effect upon passage.
Ordinance read once and passed to be ordained -
Murray opposed
6-3 - Gilmore, Mahan and
UNFINISHED BUSINESS:
#201
The loan authorization of $127,500 for the purchase of
three (3) school buses was submitted to the Council on
May 1, 1995, took a first reading on June 19, 1995. A
Public Hearing was held on June 29, 1995 and the order
was passed on a roll call vote.
#296
The Municipal Budget for FY1996 was entered into the
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Council on June 5, 1995, took a first reading on June 19,
1995. A Public Hearing was held on June 21, 1995 and the
final passage was voted on June 29, 1995 with the
following amounts:
Municipal Budget $34,073,825 - 7-2 Gilmore and Mahan opposed
School Budget 25,121,750 - 9-0
Revolving and Enterprise Funds - 2,069,623 - 9-0
The council voted to raise $61,514,458 in revenues,
enterprise funds, revolving funds and other financing
sources to fund the budget.
#288
By Councilor Rollins:
ORDERED: That the City Council meet with the Hazardous Waste
Oversight Committee relative to future Hazardous Waste
Collection Days.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
Motion to adjourn: 11:10 P.M.
Attest: Constance E. Perron
City Clerk
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