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1995-11-06219 #57 Public Hearing on Proposed Zoning amendment - Agricultural, Horticultural and Floricultural Use (Hearing postponed due to inaccuracy of legal notice.) Remanded to the Committee on Legal Affairs and Accounts MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, NOVEMBER 6, 1995 ROLL CALL: PRESENT: ABSENT: Coughlin, Gilmore, Golin, Mahan, Rollins, Troubetaris and Nardella None McGlynn, Murray, PLEDGE OF ~T.T.EGXANCE TO THE FLAG: Led by Councilor Mahan ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of October 16, 1995 meeting - Motion passes. CONFIRMATIONS: #433 The appointment of George Zambouras, Chief Kenneth Pelonzi and Reyno Giallongo to the Beverly Farms Fire Station roof Building Commission was unanimously confirmed. The appointment of Robert L. Sheeran, Jr. as Constable was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: Honorable City Council City Hall Dear Honorable Council: I hereby request a transfer of Three Thousand One Hundred Thirty-Four Dollars and Ninety-Seven Cents ($3,134.97) to account "Shopper's Shuttle" from account "Reserve for Unforeseen Expenditures." Said sum of money to be expended under the direction of the City Planner. Attached is a communication from Tina Cassidy concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY Honorable City Council City Hall 220 Dear Honorable Council: I hereby request a transfer of One Thousand Eight Hundred Dollars ($1,800) to account "Clerk of Committees - Councilor Expenses" from account "Reserve for Unforeseen Expenditures." Said sum of Attached is a communication from Constance Perron concerning this Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY money to be expended under the direction of the City Clerk. request. #450 Honorable City Council City Hall Dear Honorable Council: I hereby recommend changing the name of the Civil Defense Department to "Emergency Management" as per the attached communication from Civil Defense Director Mark Foster. Very truly yours, William F. Scanlon, Jr., Mayor RECEIVE AND PLACE ON FILE #451 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the serve as members of the City Civil Defense Department: Donald Swenson Matthew Swenson Earl Duncan Christine Ward James Tremblay James Wilson Darrin King David Hartman Attached is a communication from Civil Defense concerning these appointments. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION following persons to Director Mark Foster COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS #452 Honorable City Council City Hall 220 221 Dear Council, Re: Request for STOP sign, Independence Circle I have been contacted by some residents to look into placing a STOP sign on Independence Circle, at the intersection of Grover Street. I have investigated this location and found it does meet the warrants for a STOP sign. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following STOP sign: ADD: Independence Circle, southbound drivers on Independence Circle at Grover Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant, Safety Officer REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Honorable City Council City Hall Dear Council, The following list is inventory that is no longer of service to the Recreation Department. EQUIPMENT LOCATION CONDITION 17-Drawer metal file cabinet 1 large wooden desk 1 large wooden desk 1 large metal desk 1 large metal desk, no drawers 2 small metal desks 14-drawer office piece 1 wooden shop bench 5 stackable file drawers 1 free-standing locker 1 refrigerator 1 mini PA system 1 record player 1 answering machine 1 Merlin phone 18-20 lamps Lynch, Camp Room Fair Lynch, Camp Room Fair Barn office Good Rec building Fair Lynch, Camp room Poor Barn, office Good Barn, office Fair Lynch, Camp Room Fair Barn, office Good Rec bathroom Poor Rec office Dangerous Rec office Broken Rec office Broken Rec office Broken Rec office Broken Barn basement Poor (replacement bulbs for old Innocenti fixtures) Please let us know how we can get rid of this excess equipment? The space that it is taking up is much more valuable than the equipment itself. If there is additional such equipment in the city, could it all be combined into one huge sale? Thank you, Sincerely, Joan Fairbank, Recreation Department REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #57 Mr. Bruce Nardella, President Beverly City Council Re: City Council Order #57: Proposed zoning amendments on minimum lot area requirements for agricultural, Horticultural, and Floricultural uses. 221 222 Dear President Nardella, Due to a problem with the legal notice published for City Council Order #57, the public hearing originally scheduled for this evening has been postponed. The Order must be readvertised (correctly this time!) for a public hearing next month, and it is my understanding that it will be reintroduced to the City Council this evening. Please be advised that members of the Council should feel free to schedule a meeting date for the Joint Public Hearing on that Order at their convenience. Although usual Council procedure would refer the petition back to the Planning Board for a recommendation regarding holding a Joint Public Hearing, the Planning Board has already recommended that a joint hearing be held between the two boards on this very issue. I have attached a copy of the last communication from the Planning Board to the City Council for reference. As the Council knows, the Chairman of the Planning Board has the authority to schedule special meetings of the Board at any time; and as the Board's Chairman, it would be my intention to convene a special meeting of the Planning Board for any date the Council selects for the public hearing. Thank you for your consideration. If you have any questions regarding this matter, please feel free to contact City Planner Tina Cassidy at 921-6000, extension 171. Respectfully, James A. Manzi, Chairman, Beverly Planning Board REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS #454 Application from Elizabeth K. Petterson for Fortune Telling License REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #455 Application for one-day Auctioneer's License - International Oriental Rug Auctioneers, Inc. REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #456 Mass Electric petition for 120' of 4" PVC conduits from Cabot Street to Fayette Street. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #457 Claim - Philip Olson, 8 Hidden Rd, Beverly, MA - Manhole Damage REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #458 Claim - Stephen Parson, 204 Moulton Street, Hamilton, MA - Manhole Damage REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS REPORTS FROM COb!~ITTEES: #370 The Committee on Finance and Property to whom was referred the matter of Communication from City Solicitor re Law student work study program have considered said matter and begs leave to report as follows, to wit: Receive and Place on File. 222 223 Order read once and adopted. #412 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "Insurance" ($45,000) have considered said matter and begs leave to report as follows, to wit: Refer to the Committee on Legal Affairs and Accounts Order read once and adopted. #439 The Committee on Finance and Property to whom was referred the matter of School Department request to declare surplus 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 hereby declare the following school busses to be surplus to the needs of the City of Beverly: 1977 Ford Bluebird VIN#F34330 1978 Chevy Bluebird VIN#F43353 and do hereby authorize their trade or other disposition as is in the best interests of the City of Beverly. Order read once and adopted. #431 The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's request for Mortgage Discharge - John Sullivan 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 sign the attached Mortgage Discharge for property owned by John Sullivan at 380 Cabot Street, in accordance with the recommendation of the Community Development Director. Order read once and adopted. #432 The Committee on Legal Affairs and Accounts to whom was referred the matter of Contract between Mass Department of Education and City of Beverly 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 sign the attached contract between the Commonwealth of Massachusetts Department of Education and the City of Beverly on behalf of the Beverly Public Schools. Order read once and adopted. #438 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from City Solicitor re amendment of Ordinance change #241 have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinances and recommend their adoption. CITY OF BEVERLY 223 224 In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled ADMINISTRATION relative to Division 3. Board of Assessors of Taxes Be it ordained by the city council of the city of Beverly as follows: That Chapter 2, Section 331 of the Revised Ordinances of the City of Beverly be, and the same is hereby amended by deleting the section in its entirety and adding in place thereof, the following: "2.331 Created: composition, qualifications, terms, etc., of members; duties of assessors. There shall be a board of assessors of taxes consisting of three (3) members as required by law (one of whom shall be chief assessor and chairman of the Board), who shall each be elected in January for a term of three (3) years and until a successor is elected and qualified." OMIT SUBSECTION REFERENCES AND SUBSECTION (b) IN ITS ENTIRETY This ordinance to take effect on June 1, 1995. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled PERSONNEL unclassified salaries relating 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 adding thereto the following: "Chief Assessor: Forty Three Thousand Seven Hundred Dollars Assessor,: Eight Thousand Dollars ($8,000.00) Assessor: Three Thousand Dollars ($3,000.00) Assistant Assessor** Thirty Two Thousand Nine Hundred Seventy Five Dollars ($32,975.00)" * This member of the Board of Assessors shall, in addition to normal ($43,700.00) the duties of an Assessor, have the responsibility of undertaking, managing, supervising and completing personal property assessments within and for the City of Beverly. this position is subject to the provisions of GL c.41, section 25A and deleting therefrom all other references to Assessors' salaries. This ordinance to take effect on June 1, 1995. Ordinances read once and adopted, and passed to be ordained. #441 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Estate of Kathleen Nelson have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #442 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Beverly National Bank re sale of land on Dodge Street - 224 225 Conifer Way 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. #~3 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application - amusement license A & B Sports Cards have considered said 'matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted. #57 The Committee on Legal Affairs and Accounts to whom was referred the matter of Zoning amendment re agricultural, horticultural and floricultural uses 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 and the Planning Board hold a Joint Public Hearing on Monday, December 4, 1995 at 7:00 p.m. in the Council Chamber, third floor, City Hall relative to a proposed zoning amendment which will set minimum lot requirements for agricultural, horticultural and floricultural uses. Order read once and adopted. #399 The Committee on Public Service and Aid to whom was referred the matter of NYNEX petition for underground conduit at Hardy Street have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted. Order read once and adopted. #421 The Committee on Public Service and Aid to whom was referred the matter of Golin order re increased lighting on Russell 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 City Electrician take the necessary steps to obtain increased lighting on Russell Street. Order read once and adopted. #423 The Committee on Public Service and Aid to whom was referred the matter of Coughlin order re sidewalks on Dunham 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 Commissioner of Public Works be, and the same is hereby authorized to install sidewalks on Dunham Road from Colonial Road to Presidential Circle and from College Road to Dunham Castle Driveway, in accordance 225 226 with the cost estimates prepared and hereto attached. Order read once, discussion as to cost and applicability of Council action on this matter. Motion made and seconded to amend order to RECEIVE AND PLACE ON FILE. Order read once and adopted. The Committee on Public Service and Aid to whom was referred the matter of removal of live trees on Hull Street, have considered said matter and beg leave to report as follows, to wit: ORDERED: That the City Council hold a Public Hearing on Monday, November 20, 1995 at 7:59 p.m. in the Council Chamber, third floor, City Hall relative to the removal of live trees 93 Hull Street, 97 Hull Street and 103 Hull St. order read once and adopted. MOTIONS ~dqD ORDERS: #459 By Councilor Coughlin ORDERED: That the Commissioner of Public Works make a study and recommendation relative to the removal of a live tree at 10 Beacon Street. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID Motion to adjourn: 7:50 p.m. Attest: Constance E. Perton City Clerk 226