1999-05-177:00 PM #109 A Public Headng re Creation of Municipal Open Space and Recreation
Zoning District
Referred to Letlal Affairs and Accounts
7:15 PM #136 A Public Hearing re Roomers and Boarders
Referred to Leoal Affairs and Accounts
Regular Meeting of Beverly City Council, MAY 17, 1999
Roll Call: All Councilors were present
Pledge of Allegiance to the Flag: Led by Councilor Martin
Acceptance of Minutes of Previous Meeting:
Accept minutes of May 3, 1999 meeting
Appointments:
Communications from His Honor the Mayor:
#177
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you know, I was very pleased with the Council decision to sell the
Hardie School to Montserrat College.
In view of that favorable decision, I hereby urge that the request for
bonding of $800,000 for Briscoe School renovation be set aside. I shall
soon request that the entire sum of $625,000 to be received from
Montserrat College be transferred to account "Briscoe Improvements."
I will subsequently come forward with a request to transfer the
remaining $175,000 from current operating accounts expected to yield
a favorable variance this year.
No one wanted to bond for the short-term improvements to Briscoe.
The approach I am recommending herein allows necessary
improvements to be made to benefit our Briscoe students and does so
using school money (Hardie) for school needs (Briscoe).
I enclose a letter from Ray Bouchard, Chairman of the Building
Commission, as well as engineering reports defining the projected
$800,000 expenditure at Briscoe.
Very truly yours,
William F. ScanIon, Jr.
Mayor
Referred to Finance and ProDertv
105
#178
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to
sign the attached Subordination Agreements for Madeline Frisch and
Aser Frisch for properties at 26 West Dane Street, 12 Lovett Street, 34
Broadway and 45 Stone Street, as per the attached communications
from Dawn Goodwin, Community Development Manager.
T further request that your Honorable Council take action of this order
this evening.
Very truly yours,
William F. ScanIon, Jr.
Mayor
Referred to Leqal Affairs and Accounts
Communications from Other City Officers and Boards:
#179
Honorable City Council
191 Cabot St.
Beverly, MA 01915
Dear Councilors:
RE: Resident request for one-way Street, Greene St.
We have received a petition from the residents of Greene Street and lower Rowell Avenue,
relative to making Greene Street a one-way street for the entire length. Presently Greene
Street is one-way, in a northeasterly direction, from Woodland Ave. to Ellloll St., Their
proposal is to make Greene Street one-way from Elliott Street to Elljolt Street.
Please take the necessary action to amend City of Beverly Revised Ordinances as follows:
ADD: C14 Sec. 96, One-Way Streets Green Street, from Elliott Street to Elliott
Street, traffic to proceed northeasterly.
I would also request that a Public Hearing be scheduled to get additional input and
comments on this proposal.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Referred to Leltal Affairs and Accounts
#180
Honorable City Council
191 Cabot Street
Bevedy, MA 01915
106
Dear Councilors:
RE Parking 8-16 West Street, 4 Spaces & 25-29 West Street
We have been asked to look into the all day parking on West Street, in front of the building
#8 to #16 West Street and in front of 25-29 West Street. These buildings house several
businesses and they need some relief from the aH day parking situation that presently
exists. We have looked at the parking an recommend one-hour parking be instituted in
from of #8-16 West Street. and 30 Minute Parking, 8:00 a.m. to 5:00 p.m. in front of #25-29
West Street. ,
Please take the necessary action to amend City of Beverly Revised Ordinances as follows:
ADD: C14 Sec. 125, One-Hour Parking West Street, northerly side, in front of #8 to
# 16 West Street
DELETE: CI4 Sec 124, Thirty Minute Parking West Street, southerly side, three (3)
spaces in front of #31 West Street
ADD: C14 Sec. 124, thirty Minute Parking West Street from #25-31 West Street 8:00
a.m. to 5:00 p.m.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Referred to Leoal Affairs and Accounts
Communications, Applications and Petitions;
#181
Communjcstjon from Msss Development: re Bond project: on behalf of Landmark School
Referred to Public Service and Aid
#182
Petition Bell Atlantic for conduit on Cabot St.
Referred tO Public Service and Aid
#183
Communication on behalf Of special Olympics, Recycle for Gold
Receive and Place on File 9-0 Vote
#184
Communication from Mass. Depl: of Revenue, Division of Local Services re
"Brownfields" tsx Agreements
Referred to Finance and ProDertv
# 185
Communicstion from 3..lohnson re BLAST (Train Horns)
Referred to Public Service and Aid
107
#186
Claim-Robert A. Ledoux
Referred to Public Service and Aid
#187
Invitation to march in M. J. Cadigan, Jr. Post 46 May 30, 1999 parade
Receive and Place on File g-0 Vote
# 188
Cornre. re Live tree removal
Receive and Place on File g-0 Vote
#189
Request by Chamber of Commerce to hang banner across Cabot Street June 1 to June
20, 1999
Referred to Public Service and Aid
#190
Application for second hand dealers license Beverly Ann Harlow "Treasure Trove" 135
Cabot Street
Referred to Leclal Affairs and Accounts
Motions and Orders (Taken out of Order)
#191
By Councilor Van Liere:
Ordered: Thor the city Council odopt the budget/Monagement anolyst to City CounciI
Formula for calculating indirect costs.
Referred to Finance and Property
#192
By Councilor Rollins:
Ordered: That a concrete sidewalk be put in on the Abbott Street Side ot the Girdler
House which is located on the corner of Lothrop and Abbott Streets.
Referred to Finance and Property
#193
By Councilor Troubetaris:
Enclosed herewith, please find a proposed amendment to Section 14,241 of the City
Ordinances relative to the parking and storage of Boats, Vehicles, etc. This proposal has
been reviewed and approved by both Sgt. Tarsook, Beverly Police Department, and by
Marshall Handly, City solicitor.
To amend Article VII (Junk or unregistered Vehicles) section 14, 241 (Parking, storing,
108
keeping, etc.) of the City Ordinances as follows:
ARTCICLE VII. STORAGE OF BOARS, RECREATIONAL VEHICLES, SEASONAL, JUNK OR
UNREGISTERED VEHICLES#
Sac. 14-241. Parking, storing, keeping, etc.
*Cross reference-Junk and second hand dealers sac i2-71 et seq.; used car dealers, sac
12-316 et seq.
(a) No person shah park, store, keep, leave or allow to be parked, stored, kept or left, any
unregistered motor vehicle(s) or registered vehicles not dispiaying the proper license
plate(s) or any registered motor vehicle(s) without a valid windshield inspection sticker
as required by M.G.L., Chapter 90, Section 7A, or any disassembled parts thereof, on
any land within the city for a period in excess of thirty (30) days. For the purpose of this
ordinance, motor vehicles must (1) be property registered, and (2) display the proper
license plate(s) and (3) must display a valid windshield inspection sticker.
(b) No person shall park, store, keep, leave or allow to be parked, stored, kept or left on
any lot in any residential district of the city more than one boat, recreational or
seasonal vehicle, either alone or in combination, except by permit issued by the City
Council, with the approval of the commissioner of Public Safety.
(c) For the purpose of this section a "motor vehicle" shall mean a machine propelled by a
power other than human power, designated to travel along the ground by use of
wheels, treads, runners, or slides and transport persons or property or pull machinery
and shah include without limitation; Automobile, truck, motorcycle. trailer, tractor,
buggy and wagon.
(d) Any person wishing to park, store, keep or leave one (1) such vehicle in excess of thirty
(30) days or to partc, store, l:eep, etc. more lhan one boat, recreat/ona/ or seasand/
vehicle on any lot in any residential distdct must first apply for and obtain written
approval from the City council, with the approval of the commissioner of public safety.
Such approval shall be on such terms and conditions as the City council deems to be
necessary and appropriate under the particular circumstances, and shall not exceed
one (1) calendar year (three hundred sixty-five (365) days); however, upon
reapplication, the City council, with the approval of the Commissioner of Public safety
may reissue such approval for an additional calendar year.
(e) This section shall not apply to vehicles owned by the Commonwealth, the county or
the city; to vehicles within a completely enclosed structure including sidewalls and
roof; to vehicles on property operating under a license issued in accordance with the
provisions of chapter 140 of the General Laws for use in connection with the motor
vehicle business or junk business; or to farm vehicles on property where same are
necessary in an agricultural use.
(f) This ordinance is for the protection of public health and welfare, and any violation
hereof is deemed to be a public nuisance. The prohibitions of this section may be
enforced by the city in any Court of competent jurisdiction through an action for
injunctive relief. Further, any person violating any provision of this section shall, be
subject to a fine of not less than fifty dollars ($50.00), nor more than one hundred
dollars ($100.00). Each day such violation continues after a conviction shall constitute
a separate offense. Violations of this ordinance shall be administered pursuant to the
provisions of Sec. 1-4.1 of the city ordinances and section 21D of chapter 40 of the
General Laws.
Referred to Leclal Affairs and Accounts
Reports from Committees:
#111
The Committee on Finance and Property to whom was referred the matter of Sale of
Hardie School have considered said matter and beg leave to report as follows, fo wit:
Receive and Place on File
109
Order read once and adopted 9-0 Vote
#129
The Committee on Finance and Property to whom was referred the matter of
Communication to take action for sale of Hardie School have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adonted 9-0 Vote
#125
The Committee on Finance and Property to whom was referred the matter of
Appropriation to Account - Engineering Consultant ($167,000.00) 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 an appropriation to account "Engineering
Consultant" in the amount of One hundred sixty seven thousand ($167,000.00) dollars
$25,000 for an oil spill and $142,000 for Phase Two Assessment from account "Miscellaneous
Unbudgeted Revenues
Said sum of monies to be expanded under the direction of Director of Engineering, Frank
Killilea
First Passage: April 5, 1999
Public Hearing: April 20, 1999
Final Passage: May 17, 1999
Order read once and adopted 9-0 Vote
#142
The Committee on Finance and Property to whom was referred the matter of
communication re Loan Order Briscoe Middle School Repairs ($800,000,00) have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#148
The Committee on Finance and Property to whom was referred the matter of
Communication in support of sale of Hardie School have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order Read once and Adonted 9-0 Vote
#159
The Committee on Finance and Property to whom was referred the matter of
Communication re COLA have considered said matter and beg leave to report as follows,
to wit:
Submit the accompanying order and recommend its adoption
110
Ordered: That the City Council accept the recommendation of the Beverly Contributory
Retirement Board as per their letter of April 26 relative to COLA.
Order read once and adopted 9-0 Vote
#169
The Committee on Finance and Property to whom was referred the matter of
Communication in support of sale of Hardie School have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#171
The Committee on Finance and Property to whom was referred the matter of
Communication in support of sale of Hardie School have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#191
The Committee on Finance and Property to whom was referred the matter of budget
Management Analyst formula for calculating indirect costs for water and sewer have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Committee Report Vote: Rollins against, VanLiere and Murray For
Ordered: That the City Council adopt the Budget Management Analyst to City Council-
formula for calculating indirect costs.
Amended to read:
The Council accept the Mayor's proposal to take $1 million from the city's fund
reserves at the South Essex Sewerage District and place $500,000 each in the water
and sewer special revenue accounts for Fiscal Year 2000 that begins July 1, 1999.
2. The Council accept the city Finance Director's proposed list of indirect costs for
determining total water and sewer expenditures for Fiscal 2000
3. The water and sewer special revenue accounts include a mechanism for funding
water and sewer related capital projects
The City's Finance Director and Council Budget Management Analyst conduct
quarterly reviews of the water and sewer special revenue accounts and report their
findings to both the Council and Mayor, and
Water and Sewer rates be held at their current levels of $1.66 per hundred cubic feet
for water and $4.09 per hundred cubic feet of sewer; until such time that the quarterly
reviews of revenues and expenditures demonstrate a need for an increase or
decrease in rates. Specifically, account deficits will be made up with rate increases in
forthcoming years and positive account balances will be used to maintain or
decrease rates in forthcoming years or be used to fund water and sewer capital
projects.
Amended order read and adopted 6-3 Votes Councilors Murray, Van Liere and
Gilmore against
Order road once and adooted 6-3 Vote
III
#143
The Committee on Legal Affairs and Accounts o whom was referred the matter of
Ordinance motor Vehicles and Traffic Truck Exclusion have considered said matter and
beg leave fo report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand one hundred and Ninety Nine
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Banning of
Trucks on certain streets
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 95 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
ADD:
Eastern Avenue, be excluded from trucks two and one half (2 Y2) tons or
over, entire length
ADD:
Northern Avenue, be excluded from trucks two and one half (2 V2) tons or
over, entire length
This ordinance to take effect upon passage according to City Charter.
First Passage: May 17, 1999
Final Passage: June 7, 1999
Order read once and held for final DassaQe as per charter urnvisions
#156
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment and reappointmenf of constables Gerard S. Aiterio, Jr., Demetrios G.
Lambrenos, John Ruehrwein and Christopher Chigas have considered said matter and
beg leave to report as follows, to wit:
Recommend the Council approve the appointments
Order read once and adooted 9-0 Vote
#157
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Sumner/Cotter, I1 Grant 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 for Sumner/Cotter, 11 Grant Street as per the
attached communications from Dawn Goodwin, Community Development Manager.
Order read once and adopted 9-0 Vote
#161
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application for Fortune Tellers License-Mitchell have considered said matter and beg
leave to report as follows, to wit:
112
No Further Action
Order read once and adopted 9-0 Vote
#162
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application for Second Hand Dealers License Fred's Jewelry, Loan and Collectables have
considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adooted 9-0 Vote
#167
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Cable Franchises and Cellular Towers have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Refer to City Solicitor
Order read once and adooted 9-0 Vote
#178
The Committee on Legal Affairs and Accounls to whom was referred the matter of
Subordination M. Frisch 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 Agreements for Madeline Frisch for properties at 26 West Dane
Street, 12 Lovetf Street, 34 Broadway, and 45 Stone Street as per the attached
communications from Dawn Goodwin, Community Development Manager.
Be it further ordered that payment in full in the amount of $63,338.89 be paid to the City for
unpaid taxes at the time of the signing for refinancing.
Order read once and adopted 9-0 Vote
#120
The Committee on Public Service and Aid to whom was referred the matter of Request for
street acceptance 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 acceptance of the following streets in the
Willow Pond Subdivision, Meadow Road, Marjorie Road, Yankee Way, Clipper Way and
Aston Way.
Order read once and adooted 9-0 Vote
#155
The Committee on Public Service and Aid to whom was referred the matter of Request to
hang signs at City Parks have considered said matter and beg leave to report as follows,
to wit;
113
Receive and Place on File
Order read once and adooted 9-0 Vote
#160
The Committee on Public Service and Aid to whom was referred the matter of Request to
hang awning over Cabot Street Atomic Caf~ 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 request of the Atomic Cat6 at 265 Cabot Street
to hang an awning over the side walk and be it further ordered that proper insurance be in
place.
Order read once and adopted 9-0 Vote
://:164
The Committee on Public Service and Aid to whom was referred the matter of Request for
assistance - C Marsters have considered said matter and beg leave to report as follows, fo
Submit the accompanying order and recommend its adoption
Ordered: That the City of Beverly be, and the same is hereby authorized to pay
Christine Marsters the amount of $664.60 for a problem that occurred at 61
Shortell Avenue on April 15, 1999.
Order read once and adopted 9-0 Vote
#168
The Committee on Public Service and Aid to whom was referred the matter of Petition of
Bell Atlantic for underground conduit in Hale 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 Council hold a public hearing on Monday June 7,
1999 at 7:55 PM in Council chambers, 191 Cabot Street, Beverly, MA relative
to a petition of Bell Atlantic for an underground conduit in Hale Street
Order read once and adopted 9-0 Vote
#189
The Committee on Public Service and Aid to whom was referred the matter of Beverly
Chamber of Commerce request to hang banner across Cabot 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 Beverly Chamber of Commerce be granted permission fo hang a
banner across Cabot Street from June I to June 20, 1999 provided proper insurance is
provided.
Order read once and adopted 9-0 Vote
#194
114
The Committee of the Whole to whom was referred the matter of Establish Committee re
Personnel have considered said matter and beg leave to report as follows. to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#195
The Committee of the Whole to whom was referred the matter of Recycling Committee
meet with committee have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#196
The Committee of the Whole to whom was referred the matter of request for meeting
between Coastal Corridor, MVTA and Cong. Tierney have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#197
The Committee of the Whole to whom was referred the matter of Comm from Mr. Coffey
re Blue Line have considered said matter and beg leave to report as follows. to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#198
The Committee of the Whole to whom was referred the matter of Comm from Ward II
civic Assn re Blue Line Extension have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#199
The Committee of the Whole to whom was referred the matter of Comm. from Senator Tarr
re Major Investment Study have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#200
The Committee of the Whole to whom was referred the matter of Cornre. from Mayor re
Agreement Project Adventure have considered said matter and beg leave to report as
115
follows, to wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
UNFINISHED BUSINESS:
RESOLUTIONS:
Motions and Orders
Meeting Adjourned at 10:12 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
116