1999-03-017:30 PM #94 A Public Hearing relative to Loan Order- Computer Hardware &
Software ($285,000.00)
Referred to Finance and Property
7:45 PM Nino Lombardi relative fo Art for City Hall
7:55 PM Toni Musante re School System
Regular Meeting of Beverly City Council, March 1, 1999
Roll Call: A// Councilor~ were present
Pledge of Allegiance to the Flag: Led by Councilor Rollins
Acceptance of Minutes of Previous Meeting:
Accept amended minutes of Feb. 16, 1999 meeting
Appointments:
Communications from His Honor the Mayor:
#98
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the two attached subordination
agreements for property owned by Cheryl A. Gavazzi at 33 Herrick Slreet, Beverly, MA as per the
attached communications from Nancy Ormiston of the Community Development Depenment.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Legal Affairs and Accounts
#99
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you know, the City of Beverly and the Beverly Municipal Employees Association have recently reached an
agreement to succeed the contract that expired June 30, 1998. The agreement calls for a 3% wage increase in this
current fiscal year, as well as 3% increases for each of the following thne fiscal years. In addition, there is an
educational incentive in the agreement that will pay each member an annual stipend of $200 upon the attendance of
and participation in courses, seminars or forums presented by or on behalf of the City each year.
In order to fund these contract provisions, I am requesting approval of a transfer of Sixty Thousand Dollars
($60,000) from the account "Reserve for Unforeseen" to the various salary accounts as per the attached list from
Finance Director John Dunn. Of this amount, Twelve Thousand Dollars ($12,000) will be transferred to an acco mt
to be established within the Human Resources Department budget to fund the annual educational stipends if earn -.d,
and the balance of forty-eight Thousand Five Hundred ($48,500) will ha distributed to various salary line items to
fund the wage increase for the entire fiscal year.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Property
#100
Honorable qity Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I wanted to share with you the enclosed letter fi'om the Ward Two civic Association. This letter is
supportive of both the Venwon acquisition and the new small road fi'om Cabot Street to Summit Avenue.
1 am personally strongly supportive of both these projects and hope you will be as well.
Very truly yours,
William F. ScanIon, Jr., Mayor
Receive and Place on File
Communications from Other City Officers and Boards:
Communications, Applications and Petitions:
#101
Claim-Barbara J. Collins, 30 Crescent Road, S. Hamilton Pathale Cabot
Referred to Leaal Affairs and Accounts
#102
Communication from Salem City Council re faking a stand to support the Salem
Harbor Power Station (US Generating)
Referred to Public Service and Aid
#103
US Army Corps of Engineers Carom re Alfred Thibodeau, 47B Water Street install docks
Referred 1o Public Service and Aid
Copy fo Harbor Management Authority
#104
Carom. from Mass Dept of Revenue -Division of Local Services re Summary of 1998
Municipal Finance Law Changes
Refer to LeGal Affairs and Accounts
#105 .
Request by Beverly Farms-Prides Crossing 4th of July committee to hang banner across
West Street for two occasions
Referred to Legal Affairs and Accounts
#106
Carom. from NSRVS - FY2000 Preliminary budget and Revised Preliminary Assessment
Referred to Finance and Property
Reports from Committees:
#79
The Committee on Finance and Property to whom was referred the matter of
Communication from Chamber of Commerce re sale of Hardie Building to Montserrat
College of Art 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
#94
The Committee on Finance and Property to whom was referred the matter of Loan
Order $285,000.00 for Computer hardware and sof'nNare 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 enclosed Loan Order in the amount of
Two hundred eighty five thousand ($285,000.00) Dollars to fund the purchaser of
computer hardware and software.
LOAN ORDER: that two hundred eight five thousand ($285,000) dollars is
appropriated for the development, design, purchase and installation of computer
hardware and computer software incident thereto: that to meet this appropriation
the Treasurer, with the approval of the Mayor and the Director of Municipal Finance
and under the direction of the Committee on Finance and Property, is authorized to
borrow $285,000 under G. L. c.44, Sections 7(28) and (29), and to file an application
with the Emergency Finance Board to quality the bonds under Chapter 44A of
Massachusetts General Laws; that the City Treasurer is further authorized to file a
certified copy of the loan order and provide other information and execute such
other documents as the Board may require; and that all bonds and notes issued
hereunder shall be certified to in writing as to their genuineness by Fleet National
Bank or its successor.
First Passage: Feb. 16, 1999
Public Hearing: March 1, 1999
Final Passage: March 1, 1999
Order read once and adopted on a Roll Call Vote:
Roll Call:
Yea: Flaherty, Martin, McGlynn, McMahon, Rollins, Troubefaris, Van Liere, Gilmore
Nay: Murray
Absent: None
#99
The Committee on Finance and Propedy to whom was referred the matter of Transfer
to Account re Contract Negotiations and Education Incentive ($60,000.00) have
considered said matter and beg leave to repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council hold a Public Hearing on Monday, March 15, 1999 at
7:55 PM at the Beverly Public Library, 32 Essex Street relative to a transfer to Various
Sarary Accounts and Education Stipends from Reserve for Unforeseen in the amount
of $60,000~00
First Passage: March 1, 1999
Public Hearing: March 15, 1999
Final Passage: March 15, 1999
Order read once and adooted 9-0 Vote
#105
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request to hang banner across West Street have considered said matter and beg
leave to repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request from the Beverly Farms-Prides
Crossing 4t. of July Committee to hang a banner across West Street for Two events,
and be it further ordered that the banner be hung by a licensed rigger and that the
Committee be properly insured
Order read once and adopted 9-0 Vote
#73
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic 2 hour parking-Railroad Ave. have considered
said matter and beg leave to repod as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand nine hundred and Ninety Nine
AN ORDINANCE mending an ordinance entitled Motor Vehicles and Traffic re
"Two Hour Parking"
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 126 (d) of the Revised Ordinances of the City of Beverly,
1989, be, and the same is hereby amended as follows:
Add:
Highland Ave. westerly side, from #16 Highland Ave. to Railroad
Ave..
This ordinance to take effect upon passage according to City Charter.
First Passage: March 1, 1999
Final Passage: March 15, 1999
Ordinance read once and held for final Dassaae accordina to City Charter 9-0
Vote
#74
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic re One-Way Judson St. have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand nine hundred and Ninety Nine
AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re
"ONE WAY STREETS"
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 96 of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended as follows:
Delete:
Judson St.,fromMulberryStreet to Cabot St. traffic to proceed
easterly.
Add: Judson street, from Chase St. to Cabot St. traffic to proceed easterly.
This ordinance to take effect upon passage according to City Charter.
First Passage: March 1, 1999
Final Passage: March 15, 1999
Order read once and held for final Dassaae accordinq to City Charter 9-0 Vote
#80
The Committee on Legal Affairs and Accounts to whom was referred the matter of
request by Montserrat College of Art to hang a banner across Cabot 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 approve the request by Montserrat College of Art to
hang a banner across Cabot Street from April 5th to the 19th and be it further ordered
that the sign be hung by a licensed rigger and that the College have proper
insurance.
Order read once and adopted 9-0 Vote
#81
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim-Deborah A. Hudson Pothole Essex St. 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
#83
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application for Second Hand Dealers License - The Curiosity Shop, 287 Ranfoul St.
have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted %0 Vote
#89
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Reappointment of Martin J. Freeman and Day Ann Kelley to serve as members of
the Zoning Board of Appeals have considered said matter and beg leave to report
as follows, to wit:
Recommend the Council Approve the Appointments
Order read once and adopted 9-0 Vote
#93
The committee on Legal Affairs and Accounts to whom was referred the matter of
Authorization for Mayor to sign leases-Glover Marina have considered said matter
and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the Mayor be, and the same is hereby authorized to sign the
attached Leases for the Glover Marina between the City of Beverly and the
following individuals:
James Ayers
Michael Callahan
David Clark
Doug Currier
James Felton
Nancy Gallo
Doug Gerry
Jeffrey Gowing
Robert Jaremsek
John Johnson
William McGrath
Douglas Simpson
Anthony Tochko
Evangeline Towey
Alan Vaughan
Richard Warner
Order read once and adopted 9-0 Vote
#75
The Committee on Public Service and Aid to whom was referred the matter of
communication re Tot Lot at Maplewood have considered said matter and beg
leave to report as follows, to wit:
Refer to Finance and Propedy
Order read once and adooted 9-0 Vote
#82
The Committee on Public Service and Aid to whom was referred the matter of DEP
Notice of noncompliance Birarelli, at 71 Water St. 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
#75
The Committee on Public Service and Aid to whom was referred the matter of
removal of two live trees at 17 and 23 Union Street have considered said matter and
beg leave to repod as follows, to wit:
Submit the agcompanying order and recommend its adoption
ORDERED: That the City council hold a Public Hearing on Monday, March 15, 1999 at
7:59 PM at the Beverly Public Library, 32 Essex Street, Beverly, MA relative to the
removal of two live trees at 17 and 23 Union SWeet.
Order read once and adopted 9-0 Vote
#87
The Committee on Public Service and Aid to whom was referred the matter of
APpointment-Commission on Disabilities Eileen Twiss have considered said matter
and beg leave to repod as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 9-0 Vote
#88
The Committee on Public Service and Aid to whom was referred the matter of
Appointment-Cable TV Advisory commission Daniel Kern have considered said
matter and beg leave to report as follows, to wit:
Recommend the council approve the appointment
Order read once and adooted 9-0 Vote
#92
The committee on Public Service and Aid to whom was referred the matter of
Appointment-Beverly harbor Management Authority-Donald Neuman, Patricia Allen
Joanne Bolden have considered said matter and beg leave to report as follows, to
wit:
Recommend the Council approve the appointments
Order read once and adopted 9-0 Vote
#96
The Committee on Public Service and Aid to whom was referred the matter of
communication from Rep. Cahill in support of Daniel Moniz-Eight Rules for Safety
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 of adopting the Eight Rules for Safety
proposal which was brought before the Council by Daniel Moniz of Hamilton and be it
further ordered that the Mayor be sent a request to have the roles put in all the Parks and
Elementary Schools in Beverly.
Order read once and adopted 9-0 Vote
#107
The committee on Public Service and Aid to whom was referred the matter of request
to Review list of Unaccepted Streets have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Refer to Engineering for Survey
Order r~ad once and adopted 9-0 Vote
UNFINISHED BUSINESS.'
Resolutions.'
Mol/ons and Orders
#108
By Councilor Flahedy:
ORDERED: That the City council, according to G.L. c59 section 5(41), increase the
property tax deferral of taxpayers 65 years of older. The taxpayer may defer
payment of propedy taxes to defray living expenses, if the amount of qualifying gross
receipts is no greater than $40,000.00. A taxpayer who qualifies, may defer payment
of all or a podion each year at 8% interest.
Refer to Finance and ProDerty 9-0 Vote
#109
By Councilor Martin:
ORDERED:;; Amend Chapter 29 of the City of Bevedy Zoning Ordinance by creating a
new zoning district entitled "Municipal Open Space & Recreation District" and to
rezone the following parcels as "Municipal Open Space & Recreation District";
Assessors map #82, Lot 9 and Assessor's Map #81, Lot 191
"29-23 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT
1. Purpose - The Municipal Open Space and Recreation District is established in
accordance with the boundaries as shown on the Zoning District Map.
The primary purposes of the Municipal Open Space and Recreation District are to
encourage the preservation of large, contiguous wetland areas and open space for
park land, active and passive recreation, reservations, community gardens, rivers and
streams, and similar uses. It is intended that the Municipal Open Space and
Recreation District will permanently protect these open space resources so as to
enhance the quality of life for residents and visitors to the area. The Municipal Open
Space and Recreation District may also encompass wetland resource areas, open
space, and recreational areas where there are important public health, safety, and
welfare interest in watershed and flood potential protection, preservation of wildlife
habitat, and conservation of recreational land for resident use and enjoyment.
Permitted Uses Within the Municipal Open Space and Recreation District
(A) conservation of soil, water, plants and wildlife;
(B) outdoor recreation, not involving the use of motor vehicles or motor boats,
including boating, fishing, and nature study where otherwise legally
permitted:
(C) active recreation including playing fields and other athletic purposes;
(D) foot, bicycle, and horse paths and bridges;
[E) community gardens
(F) fences, parking lots, landing, piers, small structures for non-commercial uses,
and public restroom facilities;
Uses Permitted by Special Permit within the Municipal Open Space and
Recreation District-Upon the issuance of a special permit for an exception by the
zoning Board of Appeals, and subject to such other special conditions and
safeguards as the Zoning Board of Appeals deems necessary to fulfill the purposes
set fodh in Section 1, the following uses, structures and actions are permitted:
(AJ Dams, excavations or grading, consistent with the purposes of this section to
create ponds, pools or other changes in water courses, for swimming, fishing
or other recreational uses, agricultural uses, scenic feature, or drainage
improvements.
Within the Municipal Open Space and Recreation Distdct the following uses are
expressly prohibited:
(A) land filling or dumping;
(B) storage or disposal of hazardous materials;
(C) storage or disposal of solid wastes as defined in M>G>L>, CH. 21C, as may be
amended;
storage of materials or equipment, except when necessary to Permitted
activities above;
~e~fe~red t Le:al All jr' and Accoun~ c).0 Vote
Meeting Adjourned at
8:40 PM
Attest: Frances A. Macdonald C.M.C
City Clerk