Loading...
2002-01-22regular Meeting of Beverly City Council Jan 22, 2002regular Meeting of Beverly City Council Jan 22, 2002 Roll Call : All Councilors were present. Pledge of Allegiance to the Flag : Led by Councilor Coughlin Appointments: Councilor Flaherty was elected as Council Vice President by a unanimous vote Acceptance of Minutes of Previous Meeting: Meeting Dec. 17, 2001, Special of Jan 3, 2002 and Regular meeting of Jan 7, 2002 Communications from His Honor the Mayor : #8 Mrs. Frances Macdonald City Clerk Beverly, MA 01915 Dear Mrs. Macdonald: I designate Robert Valliere, 10 Radcliff Road, Beverly, Ma to perform the duties of the Chief of Staff on a temporary basis until his permanent appointment is approved by the Beverly City Council I certify that said person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the City of Beverly. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #9 Mrs. Frances Macdonald City Clerk Beverly, MA 01915 Dear Mrs. Macdonald: I designate Peter Gilmore, 10 Parsons Drive, Beverly, Ma to perform the duties of the City Solicitor on a temporary basis until his permanent appointment is approved by the Beverly City Council I certify that said person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the City of Beverly. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #10 Mrs. Frances Macdonald City Clerk Beverly, MA 01915 7 Dear Mrs. Macdonald: I designate Debra Hurlburt, 7 Milk Street Salem, Ma to perform the duties of Director of Planning and Development on a temporary basis until his permanent appointment is approved by the Beverly City Council I certify that said person is qualified to perform the duties which will be required and that I make this designation solely in the interests of the City of Beverly. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #11 January 22, 2002 Dear Honorable Council, I attended the meeting of the Legal Affairs and Accounts subcommittee of the Beverly City Council on January 14, and I listened carefully to the arguments and statements both for and against the appointment of Mr. Jeff Conley to the Beverly Golf & Tennis Commission. I would like to point out that contrary to the statement by Councilor Troubetaris at that meeting, I nominated Mr. Conley to be a member of the Golf & Tennis Commission and not its chairman. The commission selects its own chairman. The golfers in attendance on Monday were very forceful in expressing their personal dislike for Mr. Conley. The city councilors who spoke were very forceful in expressing their anger that Mr. Conley had criticized them for failing to speak out publicly on the legal situation. But no one who spoke in either group claimed that Mr. Conley had been incorrect. No one claimed that his warnings had not come true. No one claimed he was unqualified to serve on the Beverly Golf & Tennis Commission. His only offense was to be outspoken about improper practices, and to try and keep the city from taking improper actions that would only cost us dearly later. And that is just what happened. A few people at the Monday meeting hinted darkly that Mr. Conley had some personal agenda, that he had some mysterious connections with Johnson turf, etc. Mr. Conley's agenda is the same as it always was -- to see that proper practices are followed, and to try and save the city money and legal problems. The day that agenda becomes something dishonorable will be a sad day indeed for Beverly. The rejection of Mr. Conley's nomination by the Legal Affairs & Accounts subcommittee does a great to those in this city who would prefer not to service face unpleasant realities, and a great to the taxpayers and citizens of disservice Beverly whose money was wasted. I only hope that Mr. Conley and others like him will not be afraid to speak up in the future when the city is starting to head down a mistaken path, and will continue to let their love for their city triumph over the anger of people who are ungrateful for their efforts. It is with the profoundest of reluctance and regret, and only out of consideration for the personal feelings and well-being of Jeff Conley and his family, that I accede to his request and withdraw his nomination to serve as a member of the Beverly Golf & Tennis Commission. I include a copy of his letter to me for those who would like to hear more of his own thoughts on this matter. Sincerely, Thomas M. Crean, Mayor of Beverly Receive and Place on File 8 #12 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the attached 2001 Annual Beano Reports from: Friends of Beverly C.O.A. St. John the Evangelist Church Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #13 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Gardner Trask, 31 Fellows Street, Danvers, MA 01923, to serve as a Danvers representative to the Beverly Airport Commission. He will replace Mr. Bruce Eaton whose term has expired. Mr. Trask’s term will be effective until December 31, 2003. Attached is a communication from Town Manager, Wayne Marquis, concerning this appointment. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #14 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your action the attached communication from Public Safety Commissioner, Kenneth Pelonzi, concerning the disposal of surplus property (1980 Ford C8000 Fire Truck) valued in excess of $5,000. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property 9 #15 January 22, 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 Agreements for properties as listed: Scott T. and Collette I. St. Hilaire 22 Bisson Street Beverly, MA 01915 Fred Walker 34 Elliott Street Beverly, MA 01915 Attached are communications from William O’Hare, Community Development Manager, concerning these Subordination Agreements. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #16 January 22, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Mr. Chet Mazer Mr. Oliver F. Fitts 13 Middle Street 37 Chipman Road Beverly, MA 01915 Beverly, MA 01915 Term effective until Term effective until March 1, 2005 December 31, 2004 Their applications for renewal are attached and have been approved by Police Chief John Cassola. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #17 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 10 I hereby appoint, subject to your review and recommendation, the following citizens to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Robert Bradley Michael A. Pelonzi 3 Liberty Road 5 Foster Street Essex, MA 01929 Beverly, MA 01915 Alfred Mark DiFronzo Douglas Vigliotta 1200 Salem Street, #132 9 Deerhaven Road Lynnfield, MA 01940 Beverly, MA 01915 Their applications are attached and have been approved by Police Chief John Cassola. Their appointments will be effective until January 31, 2005. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #18 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request an appropriation of Ten Thousand Dollars ($10,000) to account “Solar Now” (Org./Orb. # 11212/53090) from account “Reserve for Unforeseen Expenditures.” Said sum of money to be expended under the direction of Solar Now Director, Carmel Valianti-Smith. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property #19 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request an increase of Five Thousand Dollars ($5,000) to Line Item Administrative Aide in the Executive Department Budget (Org./Orb. 11211/51130). I further request a transfer of Two Thousand Five Hundred Dollars ($2,500) to account “Administrative Aide” from account “Consultant (11212/53034) to fund the above mentioned increase from January 7 through June 30, 2002. Said sum of money to be expended under the direction of the Mayor. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property 11 #20 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request an increase of Six Hundred Dollars ($600) to Line Item Aide’s Expenses in the Executive Department Budget (Org./Orb. 11213/54204). I further request a transfer of Six Hundred Dollars ($600) to account “Aide’s Expenses” from account “Consultant (11212/53034) to fund the above mentioned increase. In addition the account is presently depleted. Said sum of money to be expended under the direction of the Mayor. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #21 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby withdraw, until the posting period is completed as per the Beverly Charter, the following permanent appointments submitted to your Honorable Council at the January 7 meeting: Peter Gilmore Debra Hurlburt Robert Valliere Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #22 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Elliott Margolis, 6 Cobbler’s Lane, Beverly, MA 01915 to serve as a member of the Beverly Golf and Tennis Commission. He will fill the position left vacant by the withdrawal of Jeffrey Conley’s name. Mr. Margolis’ term will be effective until February 1, 2005. 12 Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #23 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Sylvan Menezes, 14 Princeton Avenue, Beverly, MA 01915, to serve as a member of the Beverly Harbor Management Authority. He will fill the vacancy left by the resignation of Ms. Joanne Bolden. Mr. Menezes’ term will be effective until December 31, 2002. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #24 January 22, 2002 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Arthur Powell, 17 Walnut Avenue, Beverly, MA 01915, to serve as a member of the Parks and Recreation Commission. Mr. Powell’s term will be effective until December 31, 2005. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid Communications from other City Officers and Boards #25 City Council City Hall Beverly, MA Dear honorable Council: Pursuant to City Ordinance, enclosed are the following 1. A list of pending legal matters in which the City is a party; and 2. A list of matters that were settled during the past year (2001). Very truly yours, Peter H. Gilmore, City Solicitor Receive and Place on File 13 #26 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA Dear Mrs. Macdonald: I hereby resign the office of City Solicitor, effective as of the close of business, Friday, January, 2002. Very truly yours, Marshall J. Handly Receive and Place on File Communications, Applications and Petitions #27 Comm. from Donald Berman, Beverly Cable and Telecommunication Corp. relative to installation of audio and video equipment in Council Chambers Referred to Finance and Property #28 Petition of Keyspan for gas main in Sohier Road Referred to Public Service and Aid #29 Communication from Glovsky and Glovsky relative to IR Zoning District Cailin Road Referred to Legal Affairs and Accounts and Planning Dept. #30 Application Class Two Motor Vehicle Dealers License-American Petroleum, Inc. Referred to Legal Affairs and Accounts #31 Comm from Cabot Street Neighborhood Association relative to Surface Drain Easement at 505R Cabot Street Receive and Place on File Reports from Committees: #3 The Committee on Finance and Property to whom was referred the matter of Appointment-director of Planning and Development Debra Hurlburt have considered said matter and beg leave to report as follows, to wit: 9-0 Vote Receive and Place on File 14 #4 The Committee on Finance and Property to whom was referred the matter of Appointment-Robert Valliere have considered said matter and beg leave to report as follows, to wit: 9-0 Vote Receive and Place on File #18 The Committee on Finance and Property to whom was referred the matter of appropriation to Account Solar Now ($10,000 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, Feb. 4, 2002 at 7:30 PM at 191 Cabot Street, Beverly, MA relative to an appropriation to account in the amount of $10,000 from account “Reserve for Unforeseen Expenditures” to “Solar Now”. First Passage: Jan. 22, 2002 Public Hearing: Feb. 4, 2002 Final Passage: Feb. 4, 2002 9-0 Vote Order read once and adopted #19 The Committee on Finance and property to whom was revered the matter of Transfer to Account Administrative Aide Salary ($2,500) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That the City Council of the City of Beverly hold a Public hearing on Monday, Feb. 4, 2002 at 7:00 PM at 191 Cabot Street, Beverly, MA relative to a transfer to account in the amount of $2,500 from account “Consultant ” to account “Administrative Aide”, and be it further ordered that the line item “Administrative Aide” in the Executive Department Budget be increased by $5,000.00. First Passage: Jan. 22, 2002 Public Hearing: Feb. 4, 2002 Final Passage: Feb. 4, 2002 9-0 Vote Order read once and adopted #20 The Committee on to whom was referred the matter of BHS Arts Department banner 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 High School Arts Department be allowed to hang a banner across Cabot Street from March 8 through April 12, 2002 and be it further ordered that they be properly insured and that the banner be hung by a licensed rigger 9-0 Vote Order read once and adopted 15 #2 The Committee on Legal Affairs and Accounts to whom was revered the matter of Appointment-Beverly Golf and Tennis Commission Kevin Hobin and John Kenney have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 8-0 Vote Councilor Coughlin Abstained Order read once and adopted #6 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointments Beverly Golf and Tennis Commission have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the following citizens be appointed to the Beverly Golf and Tennis Commission for the specified terms: Lawrence nelson til Feb 1, 2005 Martin Lawler til Feb 1, 2004 Donald Jones til Feb. 1, 2004 Michael Pierce til Feb. 1, 2004 David Lang til Feb. 1, 2003 Marianne Doane til Feb. 1, 2003 8-0 Vote Councilors Coughlin Abstained Order Read once and adopted #15 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement, Walker 34 Elliott 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 Walker, 34 Elliott Street as per the attached communication from Community Development Manager, William O’Hare 9-0 Vote Order read once and adopted #15 A The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement, St. Hillaire 22 Bisson 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 St. Hillaire, 22 Bisson Street as per the attached communication from Community Development Manager, William O’Hare 9-0 Vote Order read once and adopted 16 #28 The Committee on Public Service and Aid to whom was referred the matter of Petition Keyspan for gas main in Sohier 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 City Council of the City of Beverly hold a public hearing on Monday, February 4, 2002, at 191 Cabot Street, Beverly, MA at 7:58 PM relative to a petition of Keyspan for the installation of 2000 feet of 4 inch gas main on Sohier Road from Herrick to Hilltop Drive and approximately 200 feet of 4 inch gas main on Hilltop Drive. 9-0 vote Order read once and adopted Resolutions: Unfinished Business: Motions and Orders: #32 By Councilor Murray: Ordered: That the city of Beverly, for value received, waive any and all rights of reversion as established and described in a deed by the City of Beverly to the Centerville Improvement Society, Incorporated dated October 10, 1967, recorded at Essex South Registry District at Book 5490 Page 588, and restated in a deed of the City of Beverly to the Centerville Improvement Society, Inc., and 437 Essex, Inc. dated January 5, 198, and recorded at Essex South Registry District at Book 8782 . Page 236 Referred to Finance and Property #33 By Councilor Costa: Ordered: That the Council, or a committee thereof, designated for that purpose, review, revise and/or promulgate as necessary all ordinances relating to signage and establish objective standards by which the Design Review Board shall consider and approve sign applications. Referred to Legal Affairs and Accounts #34 By Councilors McGlynn, Guanci and Costa: That the city Finance Director conduct a study regarding the economic Ordered: feasibility of double water meters in the City of Beverly. Referred to Finance and Property #35 By Councilor Flaherty: That the administration create salary ranges fro Department Heads Ordered: and Assistant Department Heads and update job descriptions where needed. Referred to Finance and Property 17 #36 By: Councilor Troubetaris Ordered: That a feasibility study for a traffic light be considered at the corner of Bates Park Avenue and Bridge Street for the purpose of public safety. Referred to Legal Affairs and Accounts #37 By Councilor Guanci: Ordered: I respectfully request that Councilor At Large, Timothy Flaherty, serve as the Council’s liaison to the School Committee. Mr. Flaherty has expressed interest in serving in this capacity and I believe we can all count on him to keep the entire Council informed on school matters. Receive and Place on File #38 By Councilor Guanci: Ordered: According to the Beverly City Charter, Article 8 General Provisions Sec. 8-5 Review of Ordinances, the ordinances of the City of Beverly are to be reviewed in years ending in two and seven. The ordinance Review Committee appointed in 1997 has yet to complete its work, so a new committee will be appointed. I respectfully ask that the five councilors currently working on this project remain steadfast and complete this work. Along with Timothy Flaherty, Maureen Troubetaris, Donald Martin and Virginia McGlynn, I will continue work with the committee and serve as the group’s chairman. Receive and Place on File #39 By Councilor Guanci: Ordered: Chapter 2, “Administration”, Division 9 entitled Economic and Community Development Council consists of 11 members, including one from the City Council. Sec. 2-436 states that “The City Council shall elect, by a majority vote, a member of its own number.” I would like to open nominations up and fill the position during the January 22 meeting of the full City Council. The position is now vacant due to the nd retirement of City Councilor at Large, Joyce McMahon. Roger Morency was nominated and elected to the position 9-0 Vote Order read once and adopted #40 By Councilor Guanci: Ordered: That Section 16-29 of the Ordinances of the City of Beverly, dealing with the powers and duties of the Parks and Recreation Commission, be revised so that Hurd Stadium becomes the responsibility of the commission. Currently the stadium is under the direction of the school department. The Superintendent of Schools, William Lupini and the Director of Public Services, Michael Collins have already agreed to support this revision. Referred to Legal Affairs and Accounts 18 #41 By Councilor Guanci: Ordered: That Article IV Division 12 of the Ordinances of the City of Beverly be revised. The division deals with the creation and appointments of the Waste management Committee. Additional mayoral appointments are necessary so the committee can continue its advisory function. Referred to Legal Affairs and Accounts #42 By Councilor Guanci Ordered: Virginia Coburn, the newly elected School Committee President has informed me that she would like to reconvene the joint Secondary Facilities Committee as soon as possible. She has appointed three members of her committee to serve along with members of the City Council, the Superintendent of Schools, the Mayor and the Permanent Building Commission. I would ask that Donald Martin join Timothy Flaherty and myself in representing the Council on this committee. All information will be forwarded to the Council and joint meetings of the full School Committee and full City Council will be instrumental in moving this project forward. 9-0 Vote Receive and Place on File #43 By Councilor Murray: Ordered: The City of Beverly is hereby prohibited from exceeding a ten percent annual increase in Real Estate Assessments over the previous year for Beverly homeowners who have owned and occupied their homes for a period of the years or more. This order would effectively reduce to ten percent the maximum increase in real estate tax bills for Beverly residents who have owned and lived in their homes for more than ten years. The passage of this order will provide an opportunity for many elderly home owners, on fixed incomes, to remain living in their own homes after retirement. I, for one, sincerely believe we owe them this option. Referred to Finance and Property #44 By Councilor Murray: Ordered: This will put into writing my appointment of Elizabeth Dunne, 16 Greenwood Avenue, as the new Ward Six Representative on the Open Space and Recreation Committee. Elizabeth will serve out the term of Richard Baker who resigned in October after many months or great service on the Committee. I understand this term runs through August 31, 2002. I have known Elizabeth and her husband Charles for more than 20 years, and I am confident she will be an excellent addition to the Committee, and will maintain the high level of service Richard Baker provided since its inception. Receive and Place on File 19 #45 By Councilor Martin Ordered: That the City, under the direction of the Director of Engineering, make improvements to Putnam Street, including paving the street, repairing sidewalks and curbi8ng, and correcting drainage problems. This work should be done before the renovated North Beverly Elementary School opens in September 2002. Referred to Public Service and Aid #46 By Councilor Flaherty: Ordered: To have the City Council’s Budget Analyst prepare a Multi-Year Financial Forecast for The City of Beverly. Referred to Finance and Property Meeting adjourned: 9:03 PM Frances A. Macdonald, CMC City Clerk 20