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1995-12-047:00 P.M. #57 Joint Public Hearing with Planning re zoning amendment- minimum lot size for agricultural, horticultural and floricultural uses REMANDED TO THE COMMITTEE OF THE WHOLE 7:57 P.M. 7:58 P.M. 7:59 P.M. #420 Public Hearing re removal of live tree - 34 Washington Street #456 Public Hearing re Mass Electric petition for conduit in Fayette Street #459 Public Hearing re removal of two live trees - 10 Beacon Street REMANDED TO THE COMMITTEE ON PUBLIC SERVICE AND AID j METING OF THE BEVERLY CITY COUNCIL - MONDAY, DECEMBER 4, 1995 ROLL CALL: PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Troubetaris and Nardella ABSENT: None Murray, Rollins, PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Coughlin ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of November 20, 1995 meeting - Motion passes. COMMUNICATIONS FROM HIS HONOR TEE MAYOR: #482 Mrs. Constance Perron City Clerk Dear Mrs. Perron: I hereby request a Special Meeting of the Beverly city Council to be held on Monday, December 11, 1995, at 7:00 p.m. in the Council Chamber, third floor, Beverly City Hall, for the purpose of setting a tax rate. This meeting will be preceded by a Public Hearing at 6:45 p.m. AGENDA: Roll Call, Pledge of Allegiance to the Flag, Communications from His Honor the Mayor, Communications from other City Officers and Boards, Communications, Petitions, etc, Committee Reports, Unfinished Business, Motions and Orders. Very truly yours, William F. Scanlon, Jr., Mayor RECEIVED AND PLACED ON FILE #483 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Sixty-Seven Thousand Two Hundred Seventy Dollars and Fifty-Six Cents ($67,270.56) to account "Fire Department - Salaries" from account #57810 "Reserve for Union Negotiations." said sum of money to be expended under the direction of the Fire Chief. These funds are necessary to fund the contract for Firefighter Local 1669 effective July 1, 1995. 235 very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Four Thousand Nine Hundred Thirty-Five Dollars ($4,935) to account "Hepatitis B Vaccination Program - Fire Department" from account "Reserve for Unforeseen Expenditures." Said sum of money to be expended under the direction of the Fire Chief. Attached are copies Of the bills received from Quaker State Medical Services for vaccinations administered. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #485 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable council authorize the Agreement between the city of Beverly and Thomas Ford Sales, police vehicles. Mayor to sign the attached Inc. for the maintenance of very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #~86 Honorable City Council City Hall Dear Honorable Council: I hereby request approval to make the full-time clerk position in the Collector/Treasurer's Office permanent. As explained in the attached letter from John Dunn, this position was filled on a temporary basis on October 1994. It was budgeted on a permanent basis in the current year's budget and the work load is significant. Keeping this position temporary on an extended basis in not correct and not helpful to union management relations. I would appreciate your authorizing this position as permanent. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #487 ¥.I 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 owned by Harry C. Clark, Jr., at 148 Elliott Street, Beverly, MA as per the attached communication from Kimberley Driscoll, Community Development Director. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #488 Honorable City Council City Hall Dear Honorable Council: I hereby submit for your information the appointment of Timothy Brennan as acting Building Commissioner for a period of 60 days effective today. Very truly yours, William F. Scanlon, Jr., Mayor 236 237 RECEIVED AND PLACED ON FILE #489 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Keplaire LaFontant, 41 Tracey Street, Apt. 2F, Peabody, MA 01960, as a Constable in the City of Beverly for the express purpose of serving Civil Process. His appointment will be effective until December 31, 1998. His appointment has been approved and recommended by Police Chief John Finnegan. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #490 Honorable City Council City Hall Dear Honorable Council: I hereby request authorization to start the process of filling the position of Community Development Manager left vacant by the resignation of Kimberley Driscoll (copy attached). I expect to follow the usual procedure and plan as outlined in the attached communication from Planning Director Tina Cassidy. very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #491 Honorable City Council City Hall Dear Honorable Council: I hereby name the following three citizens of Beverly, not members of the City Council, to act as the "School Building Commission." This Commission shall serve without compensation with full power to secure plans subject to the approval of the school Committee for the purpose of the design and ultimate construction of elementary school facilities. The Commission shall consist of: Michael Lauranzano Nancy Levin John Drislane 10 Hillside Avenue 8 Columbus Avenue 66 Beaver Pond Road Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS #492 From: Date: Subject: City Council Bernardins Young November 27, 1995 Public Hearing on Classification of Property and setting the Tax Rate The Board of Assessors requests a public hearing relative to the classification of property necessary to setting the tax rate. I am asking that the Council act on this request as soon as possible so that the time may be set and publicized for a December 11, 1995 public hearing. Thank you for your consideration. RECEIVED AND PLACED ON FILE #155 ~e~erly ~ity Council City Hall, 191 Cabot Street 237 238 Re: Recommended zoning amendments from the Planning Board; changes to the Definition of "Lot" and "Home Occupation" and change to parking regulations of the Zoning Ordinance. Dear Honorable Council: A number Of months ago, at the request of the City Solicitor, the City Council and Planning Board held a Joint Public Hearing on proposed amendments to the definitions of lot and home Occupation as they are used in the Zoning Ordinance. Following the public hearing, it was decided that the amendments needed to be redrafted to address the concerns raised by members of the Council, Planning Board and the audience. The Planning Board and Department have been researching the issue over the past several months, and the Board voted at its meeting last night to submit the attached proposal for consideration and adoption. Additionally, the Board voted to recommend that the City Council and the Planning Board hold a Joint Public Hearing on the proposed amendments. If you have any questions on these recommendations, please do not hesitate to contact City Planner Tina Cassidy at 921-6000, extension 171. Respectfully, James A. Manzi, Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #493 Honorable City Council City Hall Dear Council, Re: Restricted hours parking Ash street Councilor Murray has been working with the residents of Ash street regarding youths parking their vehicles on Ash Street and going to Bald Hill, behind the Centerville School, to party. They have come up with an idea that is suitable to the residents and will help to control this problem. They want NO PARKING EITHER SIDE, 8:00 p.m. to 1:00 a.m. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, section 122, as follows: ADD: No person shall park a vehicle between the hours of 8:00 p.m. and 1:00 a.m. On either side of Ash Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS #299 Communication from Symes Associates, Inc. re offer to install fence along tot lot in Maplewood Village. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #494 Communication from Massachusetts Bays Program requesting time at meeting to bring Council up to date on MBP programs. REFERRED TO THE COMMITTEE OF THE WHOLE #495 Communication from Attorney Paul Applebaum for notice of injury for Bruce MacArthur, 16 Ropes Street REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #496 Claim - Brian T. Sweeney, 12 Simmons Road, Nahant, MA 01908 REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS REPORTS FROM COMMITTEES: #462 The Committee on Finance and Property to whom was referred the matter of Mayor's request to bond for $2,130,000 for architectural drawings and specifications for schools have considered said matter and begs leave to report as follows, to wit: ORDERED: That $2,130,000 is appropriated for the cost of architectural services for plans and specifications for construction remodeling and reconstruction of and extraordinary repairs and additions to public school buildings; that to meet this appropriation the 238 239 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 $2,130,000 under G.L. c.44 Sec 7(22) 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. or Fleet Bank of Massachusetts, N.A. BE IT FURTHER ORDERED that a Public Hearing be held in the Council Chambers, third floor, City Hall on Monday, December 18, 1995 at 7:00 p.m. relative to the above loan authorization. Order read once and adopted, (8-1 Rollins Opposed) and passed to a second reading under charter provisions. #486 The Committee on Finance and Property to whom was referred the matter of Mayor's request for full-time clerk position in collector/Treasurer Office has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the full-time clerk's position in the Collector/Treasurer's office that was established on a temporary basis become a permanent position, as budgeted in FY96 and that the collector/Treasurer be authorized to fill the position. order read once and adopted. #490 The Committee on Finance and Property to whom was referred the matter of Mayor's request to fill position Of Community Development Director has considered said matter and begs 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 advertise to fill the position of Community Development Director left vacant by the resignation of Kimberley Driscoll. Order read once and adopted. #155 The Committee on Legal Affairs and Accounts to whom was referred the matter of Planning Board recommendations re zoning amendments 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 Joint Public Hearing with the Planning Board on Tuesday, January 16, 1995 at 7:00 p.m. in the Council Chamber, third floor, City Hall relative to proposed zoning amendments - changes to definition of "lot" and "home occupation" and changes to parking regulations of the zoning ordinance. Order read once and adopted. #435 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Sgt. Tarsook re ordinance change have considered said matter and begs 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 relating to Two Hour Parking and Parking during Certain Months Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 126(d) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Bridge Street, northerly side, from thirty feet (30') east of #21 Bridge Street to paved walk-way into Ayers Ryal side school." That Chapter 14, Section 121(3) during certain months, December first until April first be 239 240 amended by adding thereto the following: "Bridge Street, southerly side, from Hall-Whitaker Bridge, two hundred feet (200') westerly." This ordinance to take effect upon passage. Ordinance read once and adopted and passed to be ordained. #436 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change re 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 relating 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 126 Of the Revised Ordinances Of the City Of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Railroad Avenue, northerly side, from #43 Railroad Avenue to #49 Railroad Avenue" This ordinance to take effect upon passage. Ordinance read once and adopted and passed to be ordained. #440 The Committee on Legal Affairs and Accounts to whom was referred the matter of US Shuttle Service request to use Public Ways in City have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #463 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement - John and Leann Moody, 22 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 with John and Leann Moody for property at 22 School Street, as recommended by Community Development Director Kim Driscoll. Order read once and adopted. #464 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Roland W. Martineau 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. #465 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Julie P. Giardi 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. #466 The Committee On Legal Affairs and Accounts to whom was referred the matter of Claim - Todd Freeman 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. 240 241 #467 The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage Discharge - Desjardins 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 with Desjardins Jewelers for property at 214 Cabot street, as recommended by Community Development Director Kim Driscoll. Order read once and adopted. #470 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Motor Vehicles and Traffic re Parking on Park 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 Parking relative to Two Hour Parking Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 126 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Park Street, westerly side, 2 spaces in front of 90 Park Street" This ordinance to take effect upon passage. Ordinance read once and adopted and passed to be ordained. #471 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - Parking on McKay 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 on Mckay Street 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: "McKay Street, both sides, from Elliott Street to Sturtevant Street" and inserting in place thereof the following: "McKay Street, westerly side, from Elliott Street to Sturtevant Street" "McKay Street, easterly side, from elliott Street to Goodyear Street" This ordinance to take effect upon passage. Ordinance read once, adopted and passed to be ordained. #472 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Ralph J. Dowd 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. #473 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Marcy Leclerc have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Refer to the City Solicitor) 241 242 Order read once and adopted. #376 The Committee on Public Service and Aid to whom was referred the matter of Troubetaris order re traffic signals at intersection of Bridge Street and County Way have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #40~ The Committee on Public service and Aid to whom was referred the matter of Rollins order re public landing at Sandy Point have considered said matter and beg leave to report as follows, to wit: Receive and Place On File Order read once and adopted. #420 The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree at 34 Washington Street have considered said matter and beg leave to report as follows, to wit: submit the accompanying order and recommend its adoption. ORDERED: That the Commissioner of Public Works be and the same is hereby requested to take down the tree at 34 Washington Street and Mrs. Eileen Twiss will be charged for the cost of replacing the tree with a larger tree than is usually planted. Order read once and adopted. #479 The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree at 6-8 Cliff Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #480 The Committee on Public Service and Aid to whom was referred the matter of Removal of live tree - 17 Linden Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #494 The Committee of the Whole to whom was referred the matter of Mass Bays Program have considered said matter and beg leave to report as follows, to wit: Submit the accompanying resolution and recommend its adoption. RESOLUTION OF SUPPORT FOR THE "COMPREHENSIVE CONSERVATION AND MANAGEMENT PLAN FOR MASSACHUSETTS AND CAPE COD BAYS WHEREAS the undersigned municipalities recognize Massachusetts and Cape Cod Bays as significant public resources that contribute to the environmental, economic, recreational and societal health of the region; and WHEREAS we recognize that Massachusetts and Cape Cod Bays are threatened by deteriorating environ]nental quality that poses a threat to public health and quality of life; and WHEREAS we recognize that the drainage basins of Massachusetts and Cape Cod Bays cross municipal boundaries; that the future of the Bays depends upon the ability of neighboring communities to control the quality of their environment through regional communication and cooperation among municipal, state, and federal agencies responsible for managing the Bays and their watersheds; and WHEREAS we have contributed to and reviewed the Massachusetts Bays Programs's Comprehensive Conservation and Management Plan (CCMP) that is designed to protect and enhance the Bays' resources; BE IT THEREFORE RESOLVED, that we agree to voluntarily implement the CCMP recommendations - both individually and cooperatively - that are most appropriate for the communities. We will voluntarily work to: -protect and enhance shellfish resources and coastal habitats; -reduce and prevent stormwater, oil and toxic pollution; -manage wastes from on-site sewage treatment systems, sewage treatment plants, and boats; 242 -manage dredging and the disposal of dredged materials; -reduce beach debris; -protect nitrogen sensitive embayments; -enhance public access and the working waterfront; -plan for a shifting shoreline; -manage local land use and growth. Resoiution read once and adopted. UNFINISHED BUSlHESS ~he following orders took first readings and ware laid over under charter provisions and assed on roll call votes: .,~I2 Mayor's request for transfer to account "Insurance" ($45,000) #448 Mayor's request for transfer to account "Shuttle Bus" ($3,134.97) #449 Mayor's request for transfer to account "Councilors' Expenses" ($1800) MOTIONS AND ORDERS: #497 By Councilor McGlynn ORDERED: That Ordinance Chapter 17, Section 29 Relative to Unclassified salaries be amended to change the Mayor's salary from $60,000 to $65,000 as of January 1, 1996, as previously approved in the current year's budget. REFERRED TO THE COMMITTEE ON FINANCE AND pROPERTY Motion to adjourn: 9:45 p.m. Attest: Constance E. perton City Clerk 243