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1995-12-116:45 P.M. #492 Public Hearing re determinations prior to setting tax rate for FY96 REMANDED TO THE COMMITTEE ON FINANCE AND PROPERTY SPECIAL MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, DECERBER 11, 1995 ROLL CALL: PRESENT: Coughlin, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella 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 December 4, 1995 meeting - Motion passes. CONFIRMATIONS: #489 The appointment of Keplaire LaFontant as Constable was unanimously confirmed. #491 The appointment of Lauranzano, Levin and Drislane to School Building Commission was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: #498 Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Six Thousand Seven Hundred Sixty-Eight Dollars and Eighty Cents ($6,768.80) to account "Generator Repair - Library Bookmobile,, from account "Reserve for Unforeseen Expenditures." said sum of money to be expended under the direction of the Library Director. Attached is a communication from Thomas Scully concerning this request. I further request that your Honorable Board take a first reading on the above request so that repairs can be made as quickly as possible. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #499 Honorable City Council City Hall Dear Honorable Council: Some time ago I requested that $41,000 of a previously approved bond authorization be set aside to make physical improvements in the police station. Sensing your general support of an effort to make such improvements, we have worked~ continuously with a local architect on a pro bono basis to decide on the best and most cost effective way to improve this run down facility. After much work, we are finally ready to bid this job. I was truly surprised to find that 244 this request had been voted "receive and place on file" for reasons I don't fully understand. I have this date discussed this matter with the City Clerk and the Finance Director. The Finance Director assures me that it would be proper to reintroduce the matter and to take a first reading tonight with a final vote next week. The work would involve the vestibule, the men's room, the back hall, the guard room and the garage doors. I have attached a listing of the work to be done along with architectural drawings. I would much appreciate your favorable consideration of this matter. Note: Entered on Order #457. Voted out on Order #403. ery truly yours, illiam F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #500 Honorable City Council City Hall Dear Honorable Council: As you are aware, I have appointed Michael Lauranzano, Nancy Levin and John Drislane to the "School Building commission." Mr. Lauranzano has requested that the Commission be designated special municipal employee status. This would allow him to serve on the Commission and affect his business. I recommend that you grant his request and designate the entire Building Commission as special municipal employees. Mr. Lauranzano will be available to answer any questions you may have. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #501 Honorable City Council City Hall I hereby name the following three citizens of Beverly, not members of the City Council, to ~ct as the "Police Station Repairs Building Commission." This Commission shall serve without compensation. The Commission shall consist of: George Zambouras - Commissioner of Public Works John J. Finnegan - Police Chief Reyno A. Giallongo - 31 Home Street - Beverly, MA Very truly yours, William F. scanlon, Jr., Mayor 01915 LAID OVER FOR CONFIRMATION CO]~!UNICATIONS FROM OTHER CITY OFFICERS AND BOARDS #502 Honorable City Council Beverly City Hall Re: Unit #204 Dane Square Dear Honorable 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 #204, 348 Rantoul Street. This certificate is ,required by the Deed Rider under section 2(a). The owner of Unit #204, Mr. Glen Andersen, is in the process Of selling his unit. I am 'forwarding the attached Waiver of Right of First Refusal to the Council for its consideration and, hopefully, its authorization for the Mayor to execute the waiver on the City's behalf. Mr. Andersen is anxious to sell his unit so that he does not lose the potential buyer. I would like to request that your Board authorize Mayor Scanlon to execute this certifiate on behalf of the City of Beverly. Respectfully. Debra A. Hurlburr, Assistant Planning Director 245 REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #57 The Honorable City Council City Hall, 191 Cabot Street Re: CITY COUNCIL ORDER #57: PROPOSED ZONING AMENDMENTS TO THE MINIMUM REQUIREMENTS FOR AGRICULTURAL, HORTICULTURAL, AND FLORICULTURAL USES. Dear Members of the Council: LOT SIZE Following a Joint Public Hearing Of the City council and Planning Board On the above- referenced Order, the Planning Board discussed the matter at a Special Board Meeting. After a lengthy discussion, the Planning Board voted unanimously to recommend to the City council that Order #57 BE ADOPTED, subject to the following amendments: 1. That the phrase "...as defined in M. 8. L. chapter 61A..." be added to all subsections of the Zoning Ordinance listed in Order #57 2. That the following language be added to the proposed statement "Nothing in this ordinance shall be deemed to prevent horticultural or floricultural activities for personal use or consumption" "...; and nothing in this Ordinance shall be deemed to prohibit the sale of horticultural or floricultural products grown entirely on the premises from which it is sold during the months of May, June, July, August and September, regardless of lot size." Thank you for your consideration of the Planning Board's recommendation. If you have any questions regarding the Board's vote, please feel free to contact City Planner Tina Cassidy at extension 173. Respectfully, James A. Manzi, Chairman REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS #103 Statement of Small Claim and Notice of Trial - Darcia Sadoski, 4 Larchmont Road, Salem- damage to automobile by plow. REPORTS FROM COMMITTEES: #483 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Fire Department - Salaries" ($67,270.56) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That Sixty-Seven Thousand, Two Hundred Seventy Dollars and Fifty-Six Cents be, and the same is hereby transferred from account "Reserve for Unforeseen Expenses" to account "Fire Department - Salaries", in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Fire Chief Order read once and adopted, and passed to a second reading under charter provisions. #484 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Hepatitis B - Vaccination Program - Fire Department ($4,935.00) have 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, and passed to a second reading under charter provisions. #492 The Committee on Finance and Property to whom was referred the matter of Communication from 246 Assessors re classification of property have considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council do, and they hereby approve the percentages of the local tax levy to be borne by each class of property for the fiscal year 1996, pursuant to Chapter 40, Section 56, as follows: Commercial, industrial, personal property - factor of 1.50 Order read once and adopted. #492A The Committee on Finance and Property to whom was referred the matter of communication from Assessors relative to open space exemptions re assessment of property has considered said matter and begs leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption. ORDERED: That the City Council do NOT accept the provisions to allow for Open Space exemptions relative to the assessment of property. Order read once and adopted. #492B The Committee on Finance and Property to whom was referred the matter of Communication from Assessors re residential exemptions re assessment of property 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 NOT accept the provisions to allow for residential exemptions relative to the assessment of property. once and adopted. Order read #492c The Committee on Finance and Property to whom was referred the matter of Communicaiton from Assessors re small commercial exemption has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council DO NOt adopt the provisions to allow for small commercial exemptions. Order read #498 once and adopted. The Committee On Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Generator Repair - Library Rookmobile,, ($6,768.80) 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 Six Thousand Seven Hundred sixty-Eight Dollars and Eighty Cents ($6,768.80) be, and the same is hereby transferred to account "Generator Repair Library Bookmobile,, from account "Reserve for Unforeseen Expenditures,,, in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the Library Director. Order read once, adopted and passed to a second reading under charter provisions. #499 The Committee on Finance and Property to whom was referred the matter of Mayor's request to amend Order #377 of 1994 re bond authorization has considered said matter and begs leave to report as follows, to wit: tSubmit the accompanying order and recommend its adoption. ORDERED: That Order #377 of 1994, a bond authorization for $850,000, be amended to include $41,000 for physical improvements to police station, in accordance with the recommendation of His Honor the Mayor. Order read once, adopted and passed to a second reading under charter provisions. 247 #454 The Committee on Legal Affairs and Accounts to whom was referred the matter of Fortune Teller's license for Elizabeth Pettersen, have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted pending approval of the Building Inspector. Order read once and adopted, 7-0. (councilor McGlynn requested and was granted permission to abstain). #500 The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's request for "Special Municipal Employee" designation have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the members of the School Building Commission be, and the same are herby designated as "Special Municipal Employees", in accordance with the recommendation of His Honor the Mayor. Order read once and adopted. #502 The Committee on Legal Affairs and Accounts to whom was referred the matter of Planning Department request for waiver of Right of first refusal 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 execute on behalf of the City a waiver of the Right of First Refusal on Unit #204, Dane Square condominiums at 348 Ranfoul Street owned by Mr. Glen Andersen. Order read once and adopted. #459 The Committee on Public service and Aid to whom was referred the matter of Removal of two (2) live trees at 10 Beacon Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That permission is hereby granted for the removal Of two (2) live trees at 10 Beacon Street under the provisions of Chapter 23, Section 4 of the Revised Ordinances of the City of Beverly, viz: the abutting property owner shall pay the cost of removal by a propertly licensed and insured contractor and the person requesting the removal shall pay a $50.00 cost per tree for the replacement of them. Order read once and adopted - 7-1 Coughlin opposed. Motion to adjourn: 10:15 p.m. Attest: Constance E. Perron City Clerk 248