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.
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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.
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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,
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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
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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:
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#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
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