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1998-04-06#105 7:55 PM A Public Hearing re Trans. To Acct. Various Salary Accounts Referred to Finance and Property Regular Meeting of Beverly City Council, April 6, 1998 Roll Call: Council Members were present Pledge of Allegiance to the Flag: Led by Councilor Troubetaris Acceptance of Minutes of Previous Meeting: Meeting of March 9-0 Vote Appointments: Communications from His Honor the Mayor #127 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: For some time Peter Seamans has worked with the Board of Cemetery Managers to clarify policies and procedures relating to our cemeteries. By ordinance the Board of Cemetery Managers has the authority to make financial decisions on the price of cemetery lots, services, etc. Beverly for some years has had prices which are lower than those in surrounding communities. Prior to our taking action on this matter I would like to expose you to our thinking and get your input on this matter. Peter Seamans would be pleased to review proposed cemetery policies and procedures at a time convenient to you. His letter to me on these subjects is attached for your information. Very truly yours, William F. ScanIon. Jr.. Mayor 16, 1998 Referred to Public Service and Aid #128 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It is my pleasure this evening to bring before you the Airport Connector Road project which was first discussed with the City Council in the spring of 1995. At that time I received Council permission to seek grants to help finance the one mile long road project, complete with 7O utilities, connecting Cherry Hill Drive with Henderson Road. Between then and now a great deal of work has been done. Thousands of hours have been spent bringing the project to a point where it is ready for final action by this Council. In its simplest terms the road is intended to open up land currently zoned IR (or light industrial) for development. At this time the land is inaccessible. The project calls for a road as shown on the attached map complete with all utilities. As we have worked to broaden Beverly's business tax base, a major difficulty has been that we have had virtually no inventory of available land for businesses wishing to locate in Beverly. Approval of this road would change that situation and open up approximately 100 acres for economic development. Many hurdles have been overcome. Two separate appeals were filed with the State Department of Environmental Protection (DEP). Both appeals have been successfully resolved. FAA (Federal Aviation Administration) approval was needed to allow the road to traverse land under the jurisdiction of the Airport Commission. Approval from the MA Historic Commission was required because of the possibility of historic significance associated with Indian artifacts found in the area. After further examination that concern no longer exists. Mr. Tom Flatley, the owner of land at the Cherry Hill end of the road needed to gram an easement to pass across his property. The DEP required that the project--which was originally designed to bring sanitary sewer to the midpoint of Henderson Road--be extended westward to service the airport. In fact in addition to the sewer line, the water line to the Airport will also be replaced. Other positive features beyond the project we originally envisioned include running the sewer down Cabot Street to Trask Street and down Trask Street to reach the development. At the same time the water line in Cabot Street will be replaced from Conant to Trask Street. This project is intended to add significant new tax dollars to the City's annual revenue stream. The objective has been to try to build this road without any permanent investment of City funds. Originally envisaged as a $2,750,000 project, features such as those described earlier as well as inflation and the inclusion of resident inspection services not carried in the original estimate have raised the expected cost. A new source of funding from Eaton Corporation has been found. Eaton will put up $225,000. Eaton hopes in time to develop a portion of its current parcel inaccessible without the road. A second bridging source of funds has been verbally approved by Michael Hogan, Executive Director of MDFA in an amount up to $1,000,00 as needed. Allowing for appropriate contingencies, we now anticipate that the total cost will not exceed $3,900,000. With this said our sources of funds follow: 1. $1,000,000 in cash from the Fonzo Brothers 2. 750,000 CDAG Gram 1,000,000 PWED Grant loaned to project to be repaid to City as land is sold, leased or used. 225,000* contribution from Eaton Corp. Road will give access to their land. 5. 1,000,000 Line of credit to be advanced short term to 71 project by MA Development and Finance Agency, can be repaid with PWED payments. $3,975,000 * $75,000 available 7/98 75,000 available 7/99 75,000 available 7/00 Attached is a series of resolutions which will require your affirmative vote in order to make this project a reality. It is my hope that discussions as needed can take place during April so that those votes can be taken at your first May meeting. That would allow for groundbreaking this summer. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Committee of the Whole /4129 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, efforts have gone on for many years to build a full sized and fully operational replica of the Hannah, the first armed vessel of George Washington's Colonial Navy. Recently these efforts have been renewed under the leadership of Don MacQuarrie of the Beverly National Bank. I have decided to give this effort my total and unconditional support for many reasons. Perhaps the most important reason is that I believe the Hannah can be the key to giving us needed new revenues associated with successful promotion of our rich maritime history and the successful development of Washington's Naval Base. I am pleased to say that on May 21 st the first public unveiling of an authentic scale model of the Hannah will be held with your approval right here in City Hall in your Chambers at 6:00 p.m. The public is invited and welcome. We look forward to a large crowd as we kick off efforts to raise the money to build this ship, so important to Beverly's history. We anticipate that this entire project will be funded privately. Very truly yours, William F. ScanIon, Jr., Mayor Receive and Place on File with aDOroyal for chamber use ~ranted 9-0 Vote #130 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Keith D. Tobin, 59 Sturtevant Street, Beverly, MA 01915, to serve as a Constable in the City of Beverly for the express purpose of serving Civil 72 Process. Attached is Mr. Tobin's application with a recommendation for appointment from Chief Finnegan. Mr. Tobin's term will be effective until March 31, 2001. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Prol~ertv #131 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Donald Stacey, 205 Hale Street, Beverly, MA 01915, to serve as a member of the Economic & Community Development Council. He will serve as a member at large from the community and his term will be co-terminus with the Mayor's term. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Prol~ertv Communications from Other City Officers and Boards #132 Honorable City Council City Hall Beverly, Mass. 01915 Dear Council, RE: Request for Stop Sign, Briscoe Street at Essex Street We have been asked to look into the possibility of placing a STOP sign on Briscoe Street at the intersection of Essex Street. Since the opening of the Ocean View, and the recent renovations to the YMCA, this stop sign is appropriate at that location. The location 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 Ordinance of the City of Beverly, we request the following stop sign: ADD: Briscoe Street, northbound drivers on Briscoe Street at Essex Street Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to Le_clal Affairs and Accounts #133 To: From: Subject: Peter Gilmore, President Beverly City Council George Whitney Ordinance Revision 73 The Beverly Harbor Management Authority, by vote at its meeting on 4/2/98, requests the City Council to revise the City Ordinance regarding slip sheet fees applicable to marinas. Specifically, Ordinance 2-269 (d) establishes an annual water sheet fee to be assessed for certain bottom-anchored floats or rafts under the provisions of MGL Chapter 91, Section 10A. It is requested this fee, which is based upon the square footage of water sheet occupied, be eliminated. Additionally, it is requested a new fee which reflects the cost of administrating the marina float or raft permitting process be established. The BHMA proposes that this new fee be $150 for each marina float or raft permit issued by the harbormaster under the provisions of Section 10A in accordance with 310 CMR 9.07. The monies received from this fee shall be credited to the account of the Harbormaster. The amount of this fee should be subject to revision as recommended by the BHMA and approved by the City council. It is recommended the exact wording of the revised ordinance be drafted by the City Solicitor. Please note that elimination of the sheet fee was previously requested by the Harbormaster in his letter of 2/1/97. This request was received and placed on file by the City Council on 4/15/97. The elimination of the fee was strongly urged and recommended by the City Solicitor in his letter of 1 April, 1998. George H. Whitney, Chairman Referred to Finance and Property and Le_aal Affairs and Accounts COMMUNICATIONS, APPLICATIONS AND PETITIONS #134 Claim-Herbert Greenbaum Referred to Le_aal Affairs and Accounts #135 Claim -Anna Mahoney Referred to Le_clal Affairs and Accounts #148 Water Abatement-J. Wayne Streilein, 44 Neptune St. Refer to Public Service and Aid #136 Comm. from M. Phelan, County Sheriff Candidate re Media Ones and Campaign Contributions Referred to Public Service and Aid cc: Cable Advisory Commission #137 Comm. from Mass Development re Turning Point, Inc. Finances Referred to Le_clal Affairs and Accounts #138 Comm. from Mass Dept. of Revenue re "What's New in Municipal Law" Receive and Place on File #139 Comm. from Mass Dept. of Revenue re Summary of 1997 Municipal Finance law Changes Receive and Place on File #140 Comm. from Mass. Dept. of Environmental Protection re Waterways License Application, Barbara McNeil. Referred to Legal Affairs and Accounts cc: Beverly Harbor Management Authority #141 Comm. from US Environmental Protection Agency re environmental compliance Receive and Place on File cc: City Planner #142 Comm. from Dept. of Environmental Protection re Drinking Water Program Receive and Place on File #143 Amtrak 1998 Vegetation control Program Receive and Place on file #145 Comm. relative to storm damage-Margaret Vaccaro, 31 Ellingwood Ct. Referred to Public Service and Aid Reports from Committees: #105 The Committee on Finance and Property to whom was referred the matter of Transfer to Account "Reserve for Non-Union Salaries ($7,481.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the sum of Seven Thousand four hundred eighty one ($7,481.00) Dollars be, and the same is hereby transferred to account "Various Salary Accounts from "Reserve for Non-Union Salaries" as follows: Kenneth Pelonzi, Comm. of Public Safety $3,500 John Dunn-Director of Finance 1,481 Peter Seamans-Administrative Asst. 2,500 Vote 9-0 9-0 9-0 Said sum of money to be expended under the direction of the Various Department Heads and be it further ordered that the Ordinance be amended to reflect the changes First Passage: Public Hearing: Final Passage: March 16, 1998 April 6, 1998 April 6,1998 Order read once and adopted 9-0 Vote #116 The Committee on Finance and Property to whom was referred the matter of Beverly Harbor Management Authority Minutes of March 5, 1998 meeting 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 #117 The Committee on Finance and Property to whom was referred the matter of communication from City Solicitor re Surplus Property 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 from the City Solicitor to declare city property map 44 lots 40 and 40A surplus property, subject to the reservation of an easement for vehicular access and such other purposes as the council deems appropriate: and further That the Council approve the amendment to accept from the declaration that portion which was formally a Right of Way. Order read once and adopted 9-0 Vote #118 The Committee on Finance and Property whom was referred the matter of Communication from Town of Ashland re MBTA Assessments 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 #120 The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocational Preliminary FY 99 Budget have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 76 Order read once and adopted 9-0 Vote #124 The Committee on Finance and Property to whom was referred the matter of Request to Purchase City Property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File CC to City Planner Order read once and adopted 9-0 Vote #110 The Committee on Legal Affairs and Accounts to whom was referred the matter of Reappointment to Beverly Planning Board Ellen Flannery considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Reappointment Order read once and adopted 9-0 Vote #119 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim- Brenda and Patrick Digby 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 adopted 9-0 Vote #125 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm. from Dept. of Public utilities re: Notice of Inquiry/Rulemaking 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 #111 The Committee on Public Service and Aid to whom was referred the matter of Appointment Cable TV Advisory Committee Gerald D'Alfonso have considered said matter and beg leave to report as follows, to wit: Recommend that the Council Approve the Appointment Order read once and adopted 9-0 Vote #112 The Committee on Legal Affairs and Accounts to whom was referred the matter of Reappointments to Cable TV Advisory Commission Bob Lee, Arthur Crandall, AI Torsey, Thomas O'Connor have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointments Order read once and adopted 9-0 Vote W:113 The Committee on Public Service and Aid to whom was referred the matter of Appointments to the Parks and Recreation Commission Ivy Mahan and Kevin Hobin have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointments Order read once and adopted 9-0 Vote W:114 The Committee on Public Service and Aid to whom was referred the matter of Reappointment of Board of Registrars Charles McShane have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointment Order read once and adopted 9-0 Vote W:115 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Special Police-Beverly Hospital Ted L.. Colby, John G. Bianchi, Perry Goutzos have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointments Order read once and adopted 9-0 Vote W:121 The Committee on Public Service and Aid to whom was referred the matter of Communication from Ward Two Civic Assn. re Sgt. Tarsook 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 W:123 The Committee on Public Service and Aid to whom was referred the matter of have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Referred to DPW Order read once and adopted 9-0 vote UNFINISHED BUSINESS: Motions and Orders W:144 "78 By Councilors Troubetaris, McGlynn and Martin Proposal to Amend Article IV, Division 12, Section 2-11 to Section 2-214 to read as follows in order to form the Waste Management Committee which would include a Hazardous Waste Oversight Sub-committee To Form the Waste management committee: ,Sec. 2-511 Appointment Generally The Mayor shall appoint in the month of January, subject to confirmation by the City council, a Waste management Committee to consist of Five (5) members interested in Waste Management with Advisory assistance from the Office of community Development, the City Engineer and the Department of Public Works. The Hazardous Waste Oversight Committee shall function as a Sub- Committee of the Waste Management Committee and carry out the duties mandated by law. ,Sec. 2-512: Terms The Members of the Waste Management Committee shall be appointed for a term of Three (3) years. Initially the Mayor shall appoint three (3) members for a term of one year, one (I) member for a term of two (2) years and one (1) member for a term of three (3) years. B. Vacancies shall be filled by the Mayor and confirmed by the City Council for the Unexpired term. ,Sec. 2-513 Duties and Purpose A. The Waste management Committee shall act in an advisory and consulting capacity to the Mayor, City council, and other interested parties relative to any and all matters concerning Waste Management. B. The Waste Management committee identify ways of increasing recycling and waste reduction. C. The Waste management Committee shall serve as a resource for the general education of the public in regards to matters concerning Waste Management, Waste Reduction and Recycling ,Sec. 2-514: Meetings - Chairperson A. The Waste management Committee shall meet in the month of January each year and elect from its membership a chairperson. B. The Waste management committee shall meet once a month. ,Sec. 2-215 to ,Sec. 2-518 will reference the Hazardous Waste Oversight committee as it was originally enacted with the exception that it now be named the Hazardous Waste Oversight Sub-committee of the Waste Management Committee. To add the section regarding duties and purpose to read as follows: ,Sec. 2-51 7: (2) I. To function as resource for the purpose of educating the public in Hazardous disposal, identifying Hazardous and encouraging Hazardous Waste reduction J. To encourage the Mayor and City Council, subject to appropriation, to fund an annual Hazardous Waste Collection Referred to Legal Affairs and Accounts #146 By Councilors Troubetaris and Martin Ordered: That the City of Beverly study the feasibility of installing an electronic camera at the emergency fire gate at the end of Oberlin Road Referred to Public Service and Aid #147 By Councilor McMahon Ordered: That letters be sent to the Coastal Corridor Committee, the MBTA and Congressman Tierney's office requesting that a representative from each organization come to address the City council jointly,, about plans to extend the MBTA rapid transit Blue Line branch to Beverly. Referred to the Committee of the Whole Meeting Adjourned at 9:20 PM Attest: Frances A. Macdonald C.M.C City Clerk 80