Loading...
2002-09-03 Regular Meeting of Beverly City Council September 3, 2002Regular Meeting of Beverly City Council September 3, 2002 Roll Call All : Councilors were present. Pledge of Allegiance to the Flag : Led by Councilor Troubetaris Appointments: Acceptance of Minutes of Previous Meeting: Meeting of July 1, 2002, and Special Meeting of July 29, 2002 accepted Communications from His Honor the Mayor : #282 September 3, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the attached list of Traffic Supervisors to serve as Special Police Officers in the City of Beverly for the year 2002. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #284 September 3, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As per the City Charter, I hereby submit the Mayor’s Report for Fiscal Year 2002. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property #283 September 3, 2002 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 Agreement for property at 47R Bridge Street owned by Richard Burby. 150 Attached is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts Communications from other City Officers and Boards #285 August 5, 2002 Honorable City Council C/0 Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: 30 day Ordinance, Tremont Street We have conducted a 30-day trial period, on Tremont St., DO NOT ENTER from Cabot St., 7:00 a.m. to 9:00 a.m. I have talked to Councilor Martin and we are requesting this become a permanent ordinance. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 94 (d) (5) as follows; Tremont Street, DO NOT ENTER, from Cabot St., 7:00 a.m. to 9:00 a.m. ADD: Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #286 July 19, 2002 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Enclosed, please find the Call for the Primary Election of September 17,2002. Respectfully, Frances A. Macdonald, CMC City Clerk Receive and Place on File #287 Honorable City Council City Hall Beverly, MA 0195 RE Street Acceptance for Cogswell Avenue Extension 151 Dear Members of the Council: At a meeting of the Beverly Planning Board on June 18, 2002, members voted unanimously, on the recommendation of the City’s Engineering Department, to accept the Acceptance Plan for the above-referenced subdivision. Therefore, the Board recommends that Cogswell Avenue Extension be accepted as part of a City Street. Respectfully Richard Dinkin, Chairperson Referred to Legal Affairs and Accounts #288 July 31, 2002 Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: Confirmatory order of Taking Dear City Council: Attached please find a Confirmatory Order of Taking for the Hill property. As you will recall, the City took the 37-acre parcel by eminent domain for conservation and passive recreation purposes in May 2002. According to the grant, there must be language that specifies that the parcel be under the jurisdiction of the Conservation Commission. Therefore, the City Solicitor has prepared a Confirmatory Order that includes the necessary language as required in the grant. Specifically, the text that was included is “…and that such parcel be under the jurisdiction and control of the Conservation Commission of the City of Beverly for the purposes set out in Massachusetts General Laws c,40, section 8C…” Therefore, I am hopeful that the Council can adopt this Confirmatory Order so that I can finalize the City’s obligation to the State. If you have any questions or if you desire further information, please do not hesitate to contact me. Respectfully, Debra Hurlburt, Director Referred to Legal Affairs and Accounts #289 July 29, 2002 Dear Mayor Crean and City Councilors, Enclosed is a compilation of letters from various departments and our Park and Recreation Commission regarding the issue of dogs at Lynch Park. After repeated conflicts with Public Service, the Animal Control Officer and our park employees, I asked Mike Collins to remove the conflicting Animal Control Sign and replace it with our original signs that said “No Dogs allowed Memorial through Labor Day.” These are pressing issues: 1. The confusion created by the two conflicting ordinances needs to be corrected Section 16-3 Park Ordinances and Chapter 4, Sec. 4-26 Animal Control Ordinances. 2. Paul Cotter, the Animal Control Officer, cannot possibly enforce al of the ordinances alone. He need additional support to perform his duties effectively. Creative solutions could be implemented to assist him. 152 3. An attractive and functional Dog Park needs to be created to meet the needs of t the dog owners. I realize this could become an emotional issue for some but hope that reason will prevail. The needs of all of the people must be considered and that the solution be an appropriate one for the park. Please let us know what is the next step. Sincerely, Joan Fairbank Recreation Director Refer to Public Service and Aid #290 City Council City Hall Beverly, MA 01915 Dear Honorable Council: As requested, I have spoken with Mike Collins about the signage for children and I have reviewed the information that he provided to the City Council. Mr. Collins raises some matters of concern that, in the view of this office, warrant further discussion. May I suggest that the proposed order be sent back to the Committee on Public Service and Aid and that Mr. Collins and I be invited to meet with the Committee at its convenience? Very truly yours, Peter H. Gilmore City Solicitor Receive and Place on File #291 City Council City Hall Beverly, MA 01915 RE: Beede Waste Oil Superfund Site Dear Honorable Council: For your information, the City of Beverly has paid the sum of $3,553.00 in settlement of the claim of the US Environmental Protection Agency arising out of the disposal of waste oil by the City of Beverly at the Beede Site. Please let me know if you require any additional information. Very truly yours, Peter Gilmore City Solicitor Receive and Place on File #292 Honorable City Council c/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, 153 RE: Request for a Stop Sign We have been asked to look into the possibility of placing STOP sign at the intersection of Birch Woods Drive at Cross Lane. We have investigated this location and found it meets 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; Birch Woods Drive, Northbound drivers on Birch Wood Drive at Cross Lane. ADD: Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #293 August 6, 2002 Honorable City Council c/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Request for a Stop Sign We have been asked to look into the possibility of placing STOP sign at the intersection of Spruce Run at Cross Lane. We have investigated this location and found it meets 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; Spruce Run, Northbound drivers on Spruce Run at Cross Lane. ADD: Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #294 August 6, 2002 Honorable City Council c/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Request for a Stop Sign 154 We have been asked to look into the possibility of placing STOP sign at the intersection of Meeting Place Circle and Meadow Road. We have investigated this location and found it meets 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; Meeting Place Circle, southwesterly bound drivers on Meeting Place Circle at ADD: Meadow Road. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Referred to Legal Affairs and Accounts #295 August 14, 2002 Honorable City Council C/0 Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: No Parking – TOW ZONE, Park St. Large trucks are having a difficult time turning from Federal St. onto Park St., heading towards the Beverly Train Depot. This intersection was reconstructed during the installation of drainage relief pipes for the Chase St. flooding problems, and Park St. should not have parking from Federal St. to a point fifty-eight (58) feet southerly. This ordinance will remove two parking spaces on that corner and allow large vehicles to turn safely and allow for better sight distance for all vehicles. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 137 as follows; Park Street, westerly side, from Federal Street fifty-eight (58) feet southerly. ADD: Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs and Accounts Communications, Applications and Petitions #298 Claim for Robert J. Mitton from Beverly Golf and Tennis Club Receive and Place on File Refer to City Solicitor #299 Communication from Dale Earle, 6 Quincy Park relative to Speed Bumps on Lothrop Street 155 Receive and Place on File #300 Communication from MassDevelopment Finance Agency re Beverly YMCA Referred to Finance and Property #301 Mass Dept of Revenue Technical Correction of IGR 02-206 Receive and Place on File #302 Mass Dept of Revenue Bulletin re Seminar-What’s New in Municipal Law Receive and Place on File #303 Comm from Mass Dept of Revenue regarding borrowing and Proposition 2 ½ referendum questions Receive and Place on File #304 Comm re library personnel and staff Receive and Place on File #305 Communication relative to Hawk Hill Estates Subdivision Referred to Legal Affairs and Accounts #306 Application Second Hand Junk Dealers License Sean Fenton, 265 Rantoul Street Referred to Legal Affairs and Accounts #307 Request for repair of street at Exeter Road and request for retraction Receive and Place on File #308 Application-Second Hand Junk Dealers License-Daniel Morris Marks, 260 Cabot St. Referred to Legal Affairs and Accounts #309 Comm from Beverly Cable and Telecommunications Corp. re broadcasts of council meetings Refer to Public Service and Aid 156 #310 Claim-Betty Polverari Receive and Place on File Refer to City Solicitor #311 Petition-Mass Electric-conduit and misc UG equipment under street 1 Coolidge St. Refer to Public Service and Aid #312 Comm from L3 Communications re Telecommunications Act of 1996 Receive and Place on File #313 Comm from dept of Housing and Community Development re changes to chapter 40B, Major Regulatory Changes Proposed Referred to Legal Affairs and Accounts #314 Mass Dept of Revenue Applications for Approval of Tax Abatements for Affordable Housing Developers Referred to Finance and Property #315 Claim- Maria D. Samiljan Receive and Place on file Refer to City Solicitor #296 Claim-Janet Richard Referred to Finance and Property #297 Comm from Christopher Kaddaras, President Front Street Condo Trust relative to Beverly Historic District Commission Referred to Legal Affairs and Accounts 157 Reports from Committees: #201 The Committee on Finance and Property to whom was referred the matter of Handicap Van-Senior Center have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Vote 9-0 Order read once and Adopted #243 The Committee on Finance and Property to whom was referred the matter of Communication re Early Retirement Incentive Plan have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #263 The Committee on Finance and Property to whom was referred the matter of communication re the collection of unpaid tax and Water/Sewer Bills have considered said matter and beg leave to report as follows, to wit; Receive and Place on File 9-0 vote Order read once and adopted #269 The Committee on Finance and Property to whom was referred the matter of Contract-Richard Pierce-Fire Chief have considered said matter and beg leave to report as follows, to wit: Receive and Place on file. 9-0 Vote Order read once and adopted #271 The Committee on Finance and Property to whom was referred the matter of communication relative to right of reversion-Centerville Improvement Society Building have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #272 The Committee on Finance and Property to whom was referred the matter of Communication relative to 2003 Budget have considered said matter and beg leave to report as follows, to wit; Receive and Place on File 9-0 Vote Order read once and adopted 158 #276 The Committee on Finance and Property to whom was referred the matter of request that School Committee attend Finance and Property meetings have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #277 The Committee on Finance and Property to whom was referred the matter of Communication re Veterans Early Retirement 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 of the City of Beverly accept section 32 not directly related to ERI which allows local “legislative bodies” to reopen the (180day) window of application for veteran’s to buy back Military service time. Vote 9-0 Order read once and adopted #279 The Committee on Finance and Property to whom was referred the matter of Transfer to Account FY02 Budget-School Dept. Foundation from Highway Dept. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. Ordered: The City Council of the City of Beverly will hold a Public Hearing on Monday, Sept. 16, 2002 at 7:30 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a transfer to account FY 2002 Budget in the amount of two hundred sixty four thousand dollars, from account Highway Department to School Department Foundation. First Passage: Sept. 3, 2002 Public Hearing: Sept. 16, 2002 Final Passage: Sept. 16, 2002 9-0 Vote Order read once and adopted #281 The Committee on Finance and Property to whom was referred the matter of Acceptance of Chapter 116 of Acts of 2002 (Early Retirement Incentive Program) 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 of the City of Beverly accept the acts of 2002, Chapter 116 Early Retirement Incentive Program for Municipal employees, upon the following conditions: 1. The early retirement incentive shall be limited to sixteen (16) employees in Group 1 (Administration/Clerical/DPW employees) and eleven (11) employees of Group 4 (Police and Fire employees). 2. That employees participating in the early retirement program shall be paid their accumulated vacation and/or sick leave buy back over five fiscal years, in equal amounts at the rate in effect at the time of retirement beginning on the first payroll period of October 2003. In the event said employee dies during the five-year payout period, the 159 remaining payments shall be made to his/her surviving spouse or to his/her estate. 3. That on or before September 10, 2002, each employee shall notify the Director of Human Resources of his/her intention to file for participation in the early retirement program. 4. In order to be eligible for participation in the early retirement program, the employee is required to file an application with the Beverly Retirement Board on or before the close of business in September 18, 2002. 5. That upon being selected as an eligible participating employee in the early retirement program, the employee must retire on or before September 30, 2002. 9-0 Vote Referred back to the Committee on Finance and Property #283 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination R. Burby, 47R Bridge St have considered said matter and beg leave to report as follows, to wit: Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached SUBORDINATION AGREEMENT for Richard Burby for property at 47 R Bridge Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #311 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for conduits 1 Coolidge St. 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 of the City of Beverly hold a public hearing on Monday, September 16, 2002 in Council Chambers, 191 Cabot Street, Beverly Mass at 7:58 PM relative to a petition of Mass Electric for 1 4” conduit and misc. UG equipment under the street to the property at 1 Coolidge Street, Beverly, MA 9-0 Vote Order read once and adopted #309 The Committee on Public Service and Aid to whom was referred the matter of use of Council Chamber for Election Night Coverage 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 grant permission for Beverly Cable TV to use the Council Chamber on Election night for broadcast of Election Results. 9-0 Vote Order read once and adopted RESOLUTIONS: Unfinished Business: #249 MV & T Do Not Enter-Cressy St. at Elliott #250 MV & T One Way Streets-Putnam St. Motions and Orders: 160 #316 By Councilor Costa: Ordered: That a stop sign be placed on Lothrop St. at the corner of Lothrop and Stone and that we reconstruct the corner so that the two streets meet at right angles instead of the radius sweep that now exists. This recommendation supported by the immediate neighbors and would help calm the traffic and prevent rolling stops by drivers at Stone Street. Referred to Legal Affairs and Accounts Meeting adjourned: 9:12 PM Frances A. Macdonald, CMC City Clerk 161