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1999-11-157:35 PM #361 A Public Headng re Transfer to Account Airport Land Takings Referred to Finance and Property 7:45 PM fg366 A Public Headng re Petition Bell Atlantic-Conduit CherW Hill Drive Referred to Public Service end AId 7:58 PM Recessed from Nov. 1, 1999 #356 A Public Hearing re Petition-Mass Electdc for guy SO Pole Hart St. Referred to Public Service and Aid Regular Meeting of Beverly City Council Nov. 15, 1999 Roll Call: Councilors present.' Flahedy, Madin, McGlynn, McMahon, Rollins, TrOubetafis Van Liere, Gilmore. Council Murray was absent Pledge of Allegiance to the Flag.. Led by Councilor Flahedy Acceptance of Minutes of Previous Meeting: Minutes of November 1, 1999 Communications from His Honor the Mayor: #377 November 15, 1999 Honorable CiW Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Seven Thousand Dollars ($7,000) to account "City Clerk - Elections" from account "Reserve for Unforeseen Expenditures." Said sum of money to be expended under the direction of the City Clark. ARached is a communication from City Clerk Frances Macdonald concerning this request. In ad. ditio~ as per the attached communication, please take a First reading on this transfer request this evening with a Public Hearing to be scheduled for December 6, 1999. V ely truly yours, William F. Scanlon, Jr., Mayor Referred to FInance and Prohetty .378 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Elizabeth McGlynn, 107 Coming Street, Beverly, MA 01915, to serve as a member of the Beverly Planning Board. She will riplace Mr. Salvatore Medugno who has resigned due to personal reasons. Her term will be effective until December 31, 2000. Very truly yours, William F. ScanIon, Jr. Mayor Referred to Leital Affairs and Accounts #37 N~vember 15, 1999 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The City of Beverly has received a Notice of lntent regarding the prospective sale of two parcels of la~d on which the City holds the Right of First Refusal. The parcels are: 1) Beverly Assessor's. Map 57, Lot2 and 2) Beverly Assessor's Map 45, Lot 26 excluding p portiofi known as Parcel A. The purchase price for the first parcel is $470,000 and that for the second is $700,000. The parcels total approximately 15.5 acres. I would urge the Council to give early considention to the question of whether the City should entertain the question of acquiring the land. To do so would require the expenditure of $ 1 , 1 70,000. I would be happy to participate with the Council in discussing this matter. Very ~ youn, William F. Scaulon, Jr., Mayor Referred to Committee of the Whole Communications from other City Officers and Boards #380 Bevedy City Council 191 Cabot Street Bevedy, MA Dear Honorable Council: The Bevedy School committee, at a regular meeting held Tuesday, October 12, 1999, approved the following vehicles as surplus to the needs of the School Department, and furlher recommend that the Bevedy City council declare them as surplus property: 1. 1986 International/Carpenter School Bus VIN#1HVLNHGM7GHA55138, Title #V775544 2. 1986 International/Carpenter School Bus VIN#1HVLNHGMXGHA55179, Title V775543 Sincerely, William H. Lupini Superintendent of Schools Refen'ed to Finance and Properly #381 Bevedy City council 191 Cabot St. Bevedy, MA RE: Possible Resolution of Outstanding Litigation Dear 'Honorable Council: I am writing to report fo you that a settlement proposal has been made for fhe settlement of two matters of outstanding litigation, relating to personnel issues. I request the oppodunity to meet with you to provide you with the details of the settlement proposals, and to obtain your comments and approval of the settlement proposals. As these matters are both personnel related issues, and both discussions relate to the discussion of positions in ongoing litigation, f request that these discussions be conducted in executive session, to the extent legally permissible to do so. Thank you for your consideration. Very truly yours, Marshall J. Handly Referred to Leaal Affairs and Accounts #382 City of Bevedy 191 CabotSt. Bevedy, MA Dear Mrs. Macdonald: Chapter 700 of the Acts of 1913 as amended requires the Salem and Beverly Water Supply Board to annually determine the volume of water supplied to the cities of Salem and Beverly during the three years prior to September 30. This date establishes the proportions in which the cities shall pay the expenses for the operation of the Water Board for the next succeeding fiscal year. At its meeting on November 2, 1999 the Salem and Beverly Water Supply Board certified that during the three-year period prior to September 30, 1999, Salem consumed 49.7% of the water supplied while Beverly consumed 50.3%. A copy of the determination is attached. Consequently, the Water Board certified that the assessment for the fiscal year 2001 budget period shourd be proportioned between the cities on the basis: SALEM 49.7% Beverly 50.3% This is a notification required by law and no action is required on your prt. If you have any questions regarding this matter, please feel free to contact me at 878-922-2600. Sincerely, Thomas W. Knowlton, Superintendent Referred to Public Service and Aid #383 To: City Council From: John R. Heaphy, Chief Assessor RE: 121A Agreement with J.T. Associates Civil Action No. 98-6232-G The City Assessors Office has been working with the Solicitors Office in an effod to resolve the above mentioned superior coud case. Attorney's David J. Shlansky and John P. Sullivan represent the Plaintiff's. The City entered into a 121A agreement with the plaintiff's that spans a 40 year period commencing in 1976 and ending in 2016. The agreement called for J.T. Associates to pay the Commonwealth of Massachusetts an annual excise tax of 05% of gross revenue plus 01% of $2,000,000 which was deemed the Realty Assessment at the time of the agreement. Said excise and realty assessment was then reimbursed to the city in lieu of a real estate tax bill and was intended to be less than what the property would pay in real estate taxes if not subjected to the 121 A Agreement. Since 1987 (when Proposition 2 '~ went into effect) the property has been paying more money under the excise than if it were paying property taxes. The sum of all years is approximately $240,000 more than if subjected to property taxes. The plaintiff's attomey's are looking for 1/~ that money to be returned to them by having the next three years payments returned to them. At the end of the three-year term the 121A agreement would be terminated and the property would pay property taxes pursuant to M.G.L Chapter 59. The above mentioned offer assumes that the Plaintiff's would be entitled to a retroactive abatement and that they are not obligated to adhere to a contract that they willingly entered into with the City in 1976. The rules governing real property taxation have changed, but there was no provision in the agreement specifying that they would pay the lesser of property tax or excise tax. The City of Lynn is currently negotiating with'the same Attorney's on a 121 A agreement. Their position is they are willing to brake the agreement, but are unwilling to give any cash back for past overpayments between the excise tax and the property tax. It should also be noted that in all but two (2) years the investors were allowed to recoup the full amount of their annual cash return. Any monies turned back to them should be used for their capital improvement funds as the investors have already received cash returns. Referred to Leaal Affairs and Accounts Communications, Applications and Petitions #384 Petition of Mass Electric for one SO Pole and 2 - 4" pvc conduit at #27-31 Park Street Referred to Public Service and Aid #391 Communication from Glovsky & Glovsky re Notice of Intent under M G L for sale of property on Essex St Receive and Place on File #385 Communication from Mass Shellfish Officers Association re Special Meeting Receive and Place on File #386 Communication from Mass Dept of Environmental Management re Heritage Tree Care Grants. Receive and Place on file #387 Complaint against rooming house license, 32 Broadway Referred to Leaal Affairs and Accounts #388 Communication from mass Highway re Special Speed Regulation No. 7755 Refen'ed to Leaal Affairs and Accounts #392 Beverly Public Schools request to declare snowblowers as surplus equipment Refeffed Finance and Property Reports from Committees: #361 The Committee on Finance and Property to whom was referred the matter of Taking of property abutting Beverly Airport have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and Adopted 8-0 Vote #362 The Committee on Finance and Property to whom was referred the matter of Appointment of William Howard as a commissioner of Trust Funds have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment Order Read once and Adopted 8-0 Vote #363 The Committee on Finance and Properly to whom was referred the matter of transfer to account LED Traffic Signals (.$27,325) 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, December 6, 1999 at 7:45 PM, at 191 Cabot Street, Beverly, Mass relative to a Transfer to Account LED Traffic Signals from account Reserve for Unforeseen in the amount of Twenty Seven thousand three hundred fiNenty five ($27,325) First Passage: November 15, 1999 Public Hearing: December 6, 1999 Final Passage: December 6, 1999 Order read once and adopted 8-0 Vote #374 The Committee on Legal Affairs and Accounts to whom was referred the matter of Memorial at Lexington Drive have considered said matter and beg leave to report as follows, to wit: SUbmit the accompanying order and recommend its adoption Ordered: That the Ci~ Council approve the request to place a Memodal Bench on Lexington Drive in Memory of Andrew J, Cesa, provided that Ward III Councilor Carol Van Liere meet with the neighbors to discuss location, who will do the work and who will be paying, Order read once and adopted 8-0 Vote #377 The Committee on Finance and Property to whom was referred the matter of Transfer to Account City Clerk Recount have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption ORDERED: That the City Council will hold a Public Hearing on Monday, December 6, 1999 at 7:55 PM in Council Chambers, 191 Cabot Street, Bevedy, MA relative to a transfer to account "City Clerk-Elections" from "Reserve for Unforeseen" in the amount of $7,000.00 Seven Thousand Dollars for funding for a Recount. Said sum of money to be expertdeal under the direction of the City Clerk First Passage: November 15, 199¢) Public Headng: December 6, 1999 Final Passage: December 6, 1999 Order read once and adopted 8-0 Vote #343 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance MV & T Parking Heather St. have considered said matter and beg leave to repod as follows, to wit: Receive and Place on File Order read once and Adopted 8-0 Vote #361 The Committee on Legal Affairs and Accounts to whom was referred the matter of Transfer to Account for Land Takings (Beverly Airport} have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That the City Council approve permit and direct the Mayor to effect land takings with ancillary expense totaling four Hundred thousand eight hundred twenty five {$400,825) at the Bevedy Municipal Airport for the properties know as 31 and 35 Budey Street, Wenham, MA Order read once adopted 8-0 Vote #365 The Committee on Legal Affairs and Accounts to whom was referred the matter of Airpod Lease Proposals 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 Mayor to execute the enclosed agreements between the City of Bevedy Airpod Commission with North Atlantic Air, Inc. and Yanai Sightseeing LCC Order read once and adooted 8-0 Vote #371 The Committee on Legal Affairs and Accounts to whom was referred the matter of Front Line Motors request to change address from 3 Colon Street to 11 Elliott Street have considered said matter and beg leave to repod as follows: Recommend permission be granted upon receipt of Plot Plan and approval from the Building Inspector Order read once and adopted 8-0 Vote #372 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Class II MVDL Lepore Motors, Inc. 43 Cabot Street have considered said matter and beg leave to report as follows: Recommend the License be granted upon receipt of Plot Plan Order read once and adopted 8-0 Vote #373 The Committee on Legal Affairs and Accounts to whom was referred the matter of complaint re Rooms for rent and part-time domestic employees have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted 8-0 Vote #356 The Committee on Public Service and Aid to whom was referred the matter of Petition Mass Electric for Pole and Guy in Hart Street have considered said matter and beg leave to report as follows: Recommend the Petition be Granted Order read once and adopted 8-0 Vote #358 The Committee on Public Service and Aid to whom was referred the matter of Public Safety Advisory Committee by V. McGlynn have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted 8-0 Vote #359 The Committee on Public Service and Aid to whom was referred the matter of Public Safety Advisory committee by C. Van Liere have considered said matter and beg leave to report as follows: Receive and Place on Rle Order read once and adopted 8-(:) Vote #364 The Committee on Public Service and Aid to whom was referred the matter of Appointment of Danvers Representative to Beverly Airport commission Karen H. P. Nelson have considered said matter and beg leave to report as follows: Recommend approval of the appointment Order read once and adopted 8-0 Vote #366 The Committee on Public Service and Aid to whom was referred the matter of Petition of Bell Atlantic for a manhole and conduit in cherry Hill Drive have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted 8-0 Vote #367 The Committee on Public Service and Aid to whom was referred the matter of request from NS United Way to hang a banner across Cabot Street have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request from the United Way to hang a banner across Cabot Street provided that they are properly insured and the banner be hung by a licensed rigger. Permission is granted for the Month of January. Order read once and adopted 8-0 Vote #384 The Committee on Public Service and Aid to whom was referred the matter of Petition of mass Electric for OS Pole and conduit in Park Street have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday, December 6, 1999 at 7:58 PM in Council Chamber, 191 Cabot Street, Beverly, MA relative to a Petition of Massachusetts Electdc Company for on SO pole and 2-4" pvc conduit at #27-31 Park Street Order read once and adoDted 8-0 Vote #390 The Committee in Public Service and Aid to whom was referred the matter of Public Safety Advisory Committee have considered said matter and beg leave to report as follows: Ordered: That an Advisory committee be organized consisting of the Commissioner of Public Safety, the Chief of Police, one member each from the Superior Officer's Association, The PatrolmaWs Association, fire Suppression and Fire/Police Dispatch. Each member shall designate an alternate if they are unable to attend a meeting. The committee is formed to research, oversee, educate the Public, make recommendations to the Building Commission on the preliminary plans for the new facility. Motion made to return order back to committee. Motion failed on a roll call vote: Martin, Yea, Flaherty, McGlynn, McMahon, Rollins, Troubetaris, VanLiere and Gilmore voting in the negative Order amended to add: Members of the Advisory commission shall serve WITHOUT compensation. Order read once and adopted 8-0 Vote Unfinished Business: The following ordinances were read into council and held for final passage after advertising: #350 Ordinance Motor Vehicles and Traffic No Parking Cabot Street at Fayette St. #351 Ordinance Motor Vehicles and Traffic -Stop Signs-Dolloff Ave. #368 Comm from Highway and Traffic Signal Design, Inc. widening of Elliott Street Resolutions: ' #389 first Baptist Church in Beverly selection as Person of the Year Motions and Orders: Meeting adjourned: 8:55 PM Frances A. Macdonald, CMC City Clerk