1995-01-03REGULAR MEETING OF THE BEVERLY CITY COUNCIL, JANUARY 3, 1995
ROLL CALL:
PRESENT:
ABSENT:
Coughlin, Gilmore, Golin,
Murray, Rollins, Troubetaris
None
Mahan, McGlynn,
and Nardella
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Coughlin
ACCEPTANCE
seconded to
passes.
OF MINUTES OF PREVIOUS MEETING: Motion made and
accept minutes of December 19, 1994 meeting Motion
CONFIRMATIONS:
Motion made and seconded to remove ~417 and #418 from the
table for confirmation - motion passes.
#417
Reappointment of members to Commission for Physically and
Mentally Handicapped - into the council on November 17,
1994 and amended by Communication from Mayor on December
19, 1994, the appointments of Kevin Gallant, Norman
Ganley, Saul Gross and John Borsetti were unanimously
confirmed.
#418
The appointment of Elise Bernstein to the Commission for
the Physically and Mentally Handicapped was
unanimously confirmed.
#470 The appointment of Traffic Supervisors for the Beverly
Public Schools was unanimously confirmed.
#471
The reappointment of Katherine Fanning as Trustee of the
Beverly Public Library was unanimously confirmed.
#472
The appointment of John Young and Kevin O'Reilly as
Trustees of the Beverly Public Library was unanimously
confirmed.
#473
The reappointment of James Simpson, John Gallo and Donald
Neuman as members of the Beverly Harbor Management
Authority was unanimously confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
#1
January 3, 1995
Honorable City Council
City of Beverly
Dear Honorable Council:
It is necessary for the City of Beverly to borrow $900,000 to
complete payment of Beverly's share of improvements to the RESCO
incinerator.
These improvements were discussed and approved over a year ago by
the then Board of Aldermen. As Don Young's memo points out, I was
led to believe that the Board of Aldermen approved the bonding of
the payments for each of the three years, but in fact only the
first year was approved. This is, therefore, something of a
housekeeping issue in that we need to approve this borrowing in
order to fulfill the commitments made earlier. Memos from Judith
Mulligan and Donald Young are attached for your information.
I would appreciate it if you would take a first reading on this
matter tonight, January 3.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Finance and Property
January 3, 1995
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to
sign the attached lease between the City of Beverly and the New
England Flying School as per the attached letter from Beverly
Airport Commission Chairman, Robert Farmer.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Legal Affairs and Accounts
January 3, 1995
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to
sign the attached lease between the City of Beverly and North
Atlantic Air, Inc. as per the attached letter from Beverly Airport
Commission Chairman, Robert Farmer.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to the Committee on Legal Affairs and Accounts
January 3, 1995
Honorable City Council
City Hall
Dear Honorable City Council:
I hereby reappoint, subject to your confirmation, Mr. Marshall
Handly, 6 Clark Avenue, Beverly, MA 01915, to serve as City
Solicitor for the year 1995.
Very truly yours,
William F. Scanlon, Jr., Mayor
3
Laid over for confirmation.
#5
Honorable City Council
City Hall
Dear Honorable Council,
I hereby reappoint, subject to your confirmation, Mr. Peter
Seamans, 35 Standley Street, Beverly, MA 01915, as Administrative
Aide to the Mayor for the year 1995.
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint Mrs. Linda Giallongo, 31 Home Street, Beverly, MA
01915 to serve as Executive Secretary to the Mayor for the year
1995.
Very truly yours,
William F. Scanlon, Jr., Mayor
Received and Placed on File
#7
January 3, 1994
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, Mr. Herbert
Schlein, 106 Lothrop Street, Beverly, MA 01915, to serve as a
member of the Hazardous Waste Oversight Committee.
His term will be effective until January 31, 1998.
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation.
#8
January 3, 1995
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, the following
citizens to serve as members of the Hazardous Waste Oversight
Committee:
Ms. Kathryn Kowalski - 1 Dartmouth Street
She will fill the expired term of Ernest Stokham and her term
will be effective until January 31, 1996.
Mr.
Carmen Frattaroli 14 Beaver Pond Road
He will fill the expired term of Elaine Carey
will be effective until January 31, 1997.
and his term
Very truly yours,
William F. Scanlon, Jr., Mayor
Laid over for confirmation
#9
January 3, 1995
Honorable City Council
City of Beverly
Dear Honorable Council:
I hereby submit for your information the
Report from St. John the Evangelist School,
Beverly, MA 01915.
attached annual Beano
111 New Balch Street,
Very truly yours,
William F. Scanlon, Jr., Mayor
Received and Placed on File.
#10
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit to your Honorable Council my Mid-Term report for
the year 1995.
Very truly yours,
William F. Scanlon, Jr., Mayor
1995 MID-TERM REPORT
1994 has gone by in a flash. It was a busy year and one, I
believe, in which the City, through the Council and the Mayor, has
made significant progress.
Let us look back for a moment to this time last year. We had
yet to get a handle on the deficit. Every state agency in sight
had been alienated. There was no relief on the horizon for sewer
rates. We faced an $800,000 bill for extra costs associated with
an eminent domain taking of land near the new bridge. Our
Community Development Office was out of business. Some $700,000 in
funds had been frozen. We stood in danger of losing over $400,000
in claims regarding the construction of the new library.
With respect to these issues, there has been improvement. We
know the deficit. It is now below $2.1 million. We expect it will
fully disappear next fiscal year. We are on reasonable terms with
State agencies. The MBTA is designing and will build for us a 400
car garage to aid commuter congestion and help provide parking for
nearby Beverly businesses. We will soon be reimbursed the $800,000
for the eminent domain taking. The Community Development Office is
up and running well under a very effective new director. The
entire $700,000 has been freed up, and we settled our past problems
for the sum of approximately $75,000.
Legislation introduced by our State Senator, Fred Berry, and
ultimately signed by Governor Weld will significantly help control
the increase of sewer rates next year and beyond, although in the
current year we had no choice but to make a very large increase in
rates. Under the strong leadership of the City Solicitor, we won
the Library arbitration to the tune of $411,000. Without doubt
5
some things are better.
Another optimistic indicator - We have also seen continued
improvement in residential real estate prices in Beverly with
quarter to quarter improvements in each quarter of 1994 versus
1993. Exact the typical house worth $160,000 last year is now
valued at between $175,000 to $180,000. Home ownership represents
most people's greatest asset. To those who have to sell, this
increase is important.
We got the budget done on time and without controversy. On
the city side, every union - City Hall workers, Fire, Police, DOW
have all settled for no increase for this year and without great
argument thus demonstrating an understanding of our difficult
financial situation.
Don't get me wrong. Not all is wonderful. Public Works
remains largely an unscheduled activity. This must change.
Complaints about rude behavior by City workers come in every week
and at least some of them must be justified. But, we are trying to
treat people with dignity, and we believe that nearly every one
wants to do a good job if given the tools and the opportunity.
On another front we settled the construction and lease
difficulties with the Montserrat College of Art and the College
went on to lease the balance of the Hardie School and to purchase
several downtown properties. The College is an important
contributor to the vitality of the downtown.
Let me move from specifics to philosophy. After all the
important question is not where we are but where we want to be.
To me the clearest signal from the citizens of Beverly in the
elections of 1993 was one to move carefully in the direction of a
broadened commercial/industrial tax base.
For years the City has been treated strictly as a bedroom
community with two very negative outcomes. 1) The residential tax
rates have been ratcheted up by the maximum every year since
Proposition 2 1/2 began in 1980. 2)Despite the heavy tax burden on
residents we still don't have the necessary funds to provide
citizens with the services they have a right to expect. Beverly
today raises 79% of its tax revenues from its residents. That
leaves only 21% to come from commerce and industry. That compares
with 35% in Danvers and a full 40% in Peabody coming from commerce
and industry.
And so it is no surprise that I have given considerable
attention to improving the commercial industrial tax base.
Dawson's new store will be opening very soon; the Waverly building
has been renovated; new construction is planned at 220 Rantoul
Street. Still the list is short. Certainly the largest project to
be considered has been the rezoning of the South Parcel at the USM
site. This project has probably been studied in greater depth than
any in Beverly's history, and I won't bore you with a detailed
review. Suffice it to say that I am very much in favor of the
project which I believe will add at least $175,000 to our annual
tax revenues, but more importantly, will be a cornerstone for
future economic development in the City. I much appreciate your
courageous 7-2 vote in favor of the project, and I can tell you
that the mitigation package which you obtained is the envy of other
municipalities in the area. I know that first hand.
As you are aware, few projects of size will have unanimous
support. Indeed, there are those who oppose the rezoning project
and who have exercised their rights to bring the matter to an
election. The right of dissent is a basic American freedom which
must be protected. Still, in the future I hope that the leadership
of groups such as the so called "What's Best for Beverly Committee"
will have the courtesy to be forthcoming about their objectives and
their sources of funding. It is indeed unfortunate when narrow
private interests masquerade as ordinary concerned citizens.
6
To those of you who honestly oppose the project, I respect
your view, and I hope you will respect mine.
Going forward into 1995, some things look encouraging. We
haven't blown the snow removal budget yet. In the Spring,
significant amounts of repaving will begin. Money is available
from several sources including Chapter 90. As the year progresses,
I believe we will have a capital plan which will include elementary
school facilities and both new police and new fire stations. We
hope to be able to fully fund our schools which this year were
underfunded to help reduce the deficit.
One of our targets has been overdue taxes - taxes more than
one year late. This number appears to have peaked in June of '92
at just over $3.5 million. By June of '93, it was down to $3.1
million and by June of '94, it stood at $2.75 million. Now in
December of '94, it has been reduced to under $2.5 million. We are
optimistic that early in 1995 this amount will fall even further.
There are other positive things. Beverly's commercial use of
its extensive waterfront is minimal and in 1995 under the direction
of the Harbor Management Authority, we will come up with a plan to
better utilize this asset. The North Shore Music Theater has
volunteered a sizeable contribution in lieu of taxes. We have
received a reduction in our ambulance costs over the next four-year
period of over $200,000. Beverly will be the site for the Arbor
Day Project, an honor bestowed on only one municipality each year
throughout the entire State. The well received Traffic Island
Program will be back, bigger and better. The exciting project to
upgrade the Common will move forward. The Charter Commission will
conclude its diligent efforts to modernize our Charter.
I would like to say a word about the volunteers. There are
more than 200 members of Boards and Commissions. I thank all the
volunteers. There are probably a few of you whose willingness to
help has not been picked up on at our end. Especially now that
Peter Seamans is on board, we can do a better job in this regard so
don't be too shy to call.
Perhaps I should say a word about our approach. Just as your
attendance at Council Meetings has been extremely good, we, in the
Mayor's office, have tried to be there and to be accessible.
Anyone who wants to bring a new business to Beverly can readily
talk to the Mayor and all the relevant City officials. Any citizen
who wants access to the Mayor's office can readily get it, usually
within a few days. The recent addition of Peter Seamans to the
office funded largely by a State Grant means that we can do a
better job with constituent services. Linda, Peter and I are here
to help you.
In closing, the Mayor and the Council worked closely together
in '94, and I expect we will do so again in '95. I thank you for
your wisdom and cooperation. Maybe we're a little like the
Patriots. We did a lot better in '94 and can do even better in
'95.
Received and Placed on File
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
#11
December 21, 1994
The Honorable City Council
City Hall
7
Re:
City Council Order #410: Amendment to Language of
Watershed Protection Overlay District Section of the
Zoning ordinance relative to Propane Gas
Dear Councilors:
At a Special Meeting of the Planning Board held on Monday, December
19, 1994, Board members discussed the above-referenced Order and
the issues raised during the Joint Public Hearing held earlier that
night.
Based on comments received from the Salem/Beverly Water Supply
Board in a letter dated December 19, 1994 and from the Fire Chief
during the public hearing, the Planning Board voted unanimously to
recommend to the City Council that Order #410 be adopted, SUBJECT
TO TWO AMENDMENTS TO THE LANGUAGE ORIGINALLY BEING PROPOSED.
The initial proposal would have added the phrase "propane gas,
stored above ground, to be used for residential home purposes." to
Section 29-30.C.6. of the Zoning ordinance. The Planning Board
recommends that the wording listed below be adopted by the City
Council (the Planning Board's suggested changes are in bold print):
3. propane gas, stored above ground, to be used for
residential home heatlag purposes; and
4. propane gas, stored above ground, to be used for retail
resale; provided, however, that the containers being filled
for resale shall be no larger than forty (40) pounds capacity.
If you have any questions relative to this recommendation from the
Planning Board, please do not hesitate to contact City Planner Tina
Cassidy at extension 171.
Respectfully,
James A. Manzi, Chairman, Beverly Planning Board
Referred to the Committee on Legal Affairs and Accounts
COMMUNICATIONS, APPLICATIONS AND PETITIONS:
An application for 2nd CMVDL -112 Rantoul Street by Francis Koram,
56 Collins Street, Danvers, MA 01923
Referred to the Committee on Legal Affairs and Accounts
#13
A communication from Commonwealth of Massachusetts, Office of the
Secretary of State, relative to implementation of the Motor-Voter
Law
Received and Placed on File (Copies to all Councilors)
REPORTS FROM COMMITTEES:
#1
The Committee on Finance and Property to whom was referred the
matter of Mayor's request for authorization to borrow $900,000 for
RESCO improvements, have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED
That $900,000 is appropriated for payment to Refuse
Energy Systems Co., (RESCO) for Beverly's share of the
cost of improvements to the RESCO incinerator and related
facilities required by changes in law or otherwise; that
to meet this appropriation the Treasurer-Collector, with
the approval of the Mayor and the Finance Director and
under the direction of the Committee on Finance and
Property, is authorized to borrow $900,000 under G. L.
Chapter 44, sect. 8 or Chapter 355 of the Acts of 1991,
and to file an application with the Emergency Finance
Board to qualify the bonds under Chapter 44A of
Massachusetts General Laws; that the City Treasurer-
Collector is further authorized to file a certified copy
of the loan order and provide such other information and
execute such other documents as the Board may require;
and that all bonds or notes issued hereunder shall be
certified to in writing as to their genuineness by
Shawmut Bank, N. A.
Be it further ordered that the City Council of the City
of Beverly hold a Public Hearing on Tuesday, January 17,
1995 at 7:50 p.m. relative to this loan authorization.
Order read once and passed to a second reading, laid over under
charter provisions
#11
The Committee on Legal Affairs and Accounts to whom was referred
the matter of zoning amendment re definition of propane gas in
Watershed Overlay Protection District 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 accept the recommendation of the
Planning Board and amend zoning ordinance Section 29-
30.C.6. in accordance with the following language:
3. propane gas, stored above ground, to be used for
residential home heating purposes; and
4. propane gas, stored above ground, to be used for retial
resale; provided, however, that the containers being filled
for resale shall be no larger than forty (40) pounds capacity.
This ordinance to take effect upon passage.
Order read once and adopted.
#1g (#~62 of 199~)
The Committee on Legal Affairs and Accounts to whom was referred
the matter of Ordinance change - parking on Matthies Street, have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption.
City of Beverly
In the year one thousand nine hundred and ninety- five
An ordinance amending an ordinance entitled "Motor Vehicles and
Traffic: relative to parking prohibited on certain
streets at all times
Be it ordained by the City Council of the City of Beverly as
follows:
9
That Chapter 14, Section 120 of the Revised Ordinances of the City
of Beverly, 1989, be, and the same is hereby amended by adding
thereto the following:
"Matthies Street, southerly side, from McKay Street fifty feet
(50') westerly."
This ordinance to take effect upon passage.
Ordinance read once and adopted.
#15 (#~61 of 199t)
The Committee on Legal Affairs and Accounts to whom was referred
the matter of Mortgage Discharge - Donald Jones, 18 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 mortgage discharge for
property of Donald Jones at 18 Grant Street, as
recommended by the Planning Department.
Order read once and adopted.
#~6 (#474 of 1994)
The Committee of the Whole to whom was referred the matter of
Referendum Petition for rescission of zoning amendment - South
Parcel of United Shoe Property, have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted.
Motion to adjourn: 9:35 P.M.
Constance E. Perron
City Clerk