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1999-03-157:30 PM #43 A Joint Public Hearing relative to Zoning Referred to Legal Affairs and Accounts 7:55 PM A Public Hearing re: Trans to Account. Contract Negotiations ($60,000.00) Referred to Finance and Property 7:59 PM A Public Hearing relative to removal of live trees at 17 and 23 Union Street Referred to Public Service and Aid Regular Meeting of Beverly City Council, March 15, 1999 Roll Call.. councilors present. Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Gilmore Absent Van Liere Pledge of Allegiance to the Flag.- Led by Councilor Flaherty Acceptance of Minutes of Previous Meeting.- Accept amended minutes of March 1, 1999 meeting Appointments: Communications from His Honor the Mayor. #110 March 15, 1999 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: This letter is intended to be informational only. You will no doubt recall that the Main Library has flooded a number of times in recent years. Some relief was obtained by the replacement of a section of storm water drainage pipe at the foot of Dane Street. The Main Library is still, however, under threat of flooding in the event of a severe rainstorm. To remedy that concern, Camp, Dresser & McKee, consulting engineers, have designed a drainage solution which includes a pump located below ground behind the Library and tied in to the existing Library emergency generator to insure operation in the event of a power outage. Funding in the amount of $100,000 to implement this solution was included in the Chase Street portion of the recently approved $9,000,000 drainage appropriation. We had intended to actually award the Library work as part of the Chase Street project. Further discussion with Camp, Dresser indicates no likely advantage and some possible disadvantage in combining the two projects basically because one involves big pipes and big equipment while the Library project involves small pipes and small equipment. We are, therefore, proceeding with two separate projects. Both will be under construction in the next several months. Very truly yours, William F. ScanIon; Jr. Mayor Receive and Place on File #111 March 15, 1999 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The Montserrat College of Art wishes to purchase the Hardie School in order to make the school the permanent headquarters for the College. Montserrat was the only respondent to the City's recent Request for Proposals and has offered the City the sum of $625,000 that matches the City's appraisal. The City established a committee to review the responses to the RFP made up of Councilor Russ Rollins, former Council President Bruce Nardella, School Superintendent Bill Lupini, Director of Community Services, Tom Scully and Director of Planning, Tina Cassidy. This group reviewed the response and voted to recommend the sale of the land and building while making several recommendations. These reconunendations have been discussed with Montserrat officials. Accompanying this letter is language that the College has put forth in response to the points raised by the Review Committee. I am sure you will want to review this language. I have felt and continue to feel that the Montserrat College of Art is important to our community both culturally and economically. I believe that the sale of the Hardie School to Montserrat will cement this relationship and ensure that the College will be a vital part of the community fabric for decades to come. I hereby request that the Council take the necessary steps to consumate the sale of the Hardie School to the Montserrat College of Art. Very truly yours, William F. ScanIon, Jr., Mayor A. Issues Addressed in the Attached Language as Right of First Refusal Facade Presentation Restriction Exhibit C Care of Beverly Common Parking and Dumpster Positive Sentiment Toward the Common High School / Montserrat Cooperation Received from Montserrat College Exhibit A Exhibit B EXHIBIT C On the matter of care of the "Beverly Common," we propose the following language as a basis for agreement: "The Montserrat College of art agrees to keep the "Common" neat and presentable and to perform necessary custodial duties for as long as the College continues to operate at this site. Specifically the College will provide for regular grass cutting and pickup of grass clippings as well as fertilizing and weed control and fertilizing and pruning of shrubs. The College will also perform leaf collection and pickup in the fall of the year. The College agrees to pick up litter regularly and in no case less frequently than weekly during all times of the year except when the site is snow covered and the College further agrees to sweep and keep clean the brick pavilion and sidewalk, etc. The College also agrees to regularly water the Common using the sprinkler system installed by the City. The City will provide water at no cost. The City will also repair the sprinkler system, as well as other mechanical systems, and continue to be responsible for Common infrastructure when necessary, including walkways, the gazebo, etc." The College agrees not to park any vehicles along the side of the College facing the Common and to plant shrubs so that no parked vehicles at the East end of the College are visible from the Common. Further, the College agrees to locate its dumpstar away from the Common and out of sight from the Common. We have previously discussed and agreed that the College Administration will make vigorous efforts to give students a feeling of ownership and pride regarding the "Common" so that it will be treated with a touch of reverence. Along with the annual full-tuition scholarship already pledged to a Beverly High School graduate exhibiting exceptional talent in the visual arts, the college will continue to develop a program, begun this year with state funding, to create an Advanced Studio Art / College Introduction Program. This program offered to juniors and seniors attending Beverly High School, allows them to learn studio art in a master class setting from Montserrat faculty members. It will also enable students to develop a formal portfolio of work appropriate for students seeking to study art in a college setting. Referred to Finance and Property Communications from Other City Officers and Boards: #112 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear members of the council: As you are aware, the City of Beverly has two affordable housing development units which were approved by the Board of Aldermen and the Board of Appeals several years age. Dunham Castle Condominiums on Dunham Road and Dane Square Condominiums on Dane Street were approved in the late 1980's with conditions. One specific condition indicates that a certain number of units in each development be set aside for first-time homebuyers from Beverly. Whenever the owner of one of these affordable housing units wishes to sell his or her condominium, the deed restriction for the units require the owner to notify the City. The City then attempts to fine a buyer who meets the specified eligibility requirements, usually with success. The guidelines and deed restrictions that go with each affordable housing unit also require that the City be given the option of purchasing the unit. If the City decides not to exercise the option, it must execute a "Waiver of Right of First Refusal." This waiver only applies to the transfer in question at the time, the deed restriction requires that such a waiver be signed before each and every change in ownership. The owner of Unit #205, Dane Square condominium, Mr. Robert Powers, is in the process of selling his unit. Accordingly, I am forwarding the attached Waiver of Right of First Refusal to the Council for its consideration and, hopefully, its authorization for the Mayor to execute the waiver on the City's behalf. Thank you for your consideration of this request. If you have any questions on the process or the waiver itself, please do nat hesitate to contact me at extension 173. Respectfully submitted, Debra A. Hurlburt, Assistant Planning Director Referred to Legal Affairs and Accounts Communications, Applications and Petitions: #113 Communication from Nissenbaum Law Offices re: Senate Bill No. 929-Signs for Farm Stands Referred to Leaal Affairs and Accounts #114 Request from YMCA to waive fees for three amusement licenses Referred to Legal Affairs and Accounts #115 Comm relative to renovation of Briscoe Middle School Referred to Finance and Property #116 Claim Mary Rhoades Refer to Legal Affairs and Accounts # 117 (Late File) Comm. from Mass Dept of Revenue-Division of Local Services Preliminary FY 2000 levy limit Worksheet and Explanatory materials Referred to Finance and Property # 118 (Late File) Application for Second Hand Dealers License The Golden Hanger Consignment Boutique, 202 Rantoul Street. Referred to Legal Affairs and Accounts # 119 (Late File) Request for approval of sign at 231 Rantoul Street Referred Public Service and Aid Reports from Committees.' #77 The Committee on Finance and Propedy to whom was referred the matter of North Shore Regional Vocational School Preliminary Budget for FY2000 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 #99 The Committee on Finance and Property to whom was referred the matter of Transfer to Account Contract Negotiations ($60,000.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City council approve the transfer of Sixty Thousand Dollars from account "Reserve for Unforeseen" to the following accounts: Various Salary Accounts Human Resources Department for education stipends $48,500.00 $12,000.00 Said sums of money to be spend under the direction of Various Department Heads and the Dept. of Human Resources Department. First Passage: March 1, 1999 Public Hearing: March 15, 1999 Final Passage: March 15, 1999 Order read once and adopted 8-0 Vote #91 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Constable Nancy Cicci, James Danforth, Oliver Fitts have considered said matter and beg leave fo report as follows, to wit: Recommend the Council approve the Appointments Order read once and adopted 8-0 Vote #98 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreements - Cheryl A. Gavazzi, 33 Herrick Street 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 Subordination Agreements for Cheryl A. Gavazzi, 33 Herrick Street as per the attached communications from Nancy Ormiston of the Community Development Department. Order read once and adopted 9-0 Vote #101 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Barbara Collins 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 8-0 Vote #104 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm. from mass Dept of Revenue Division of Local Services-Summary of 1998 Municipal Finance Law Changes 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 #109 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication regarding the creation of a Municipal Open Space and Recreation District have considered said matter and beg leave to report as follows, to wit: Refer to Planning Board Order read once and adopted 9-0 Vote #16 The Committee on Public Service and Aid to whom was referred the matter of Review of Standley Street Compost Facility have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Committee on Public Service and Aid recommend the following changes to the draft of 1999 Rules and Regulations for the Standley Street Compost Facility: 1. Eight floating days be added to the free pass that a Beverly resident who owns a pick up truck may obtain. 2. Beverly residents who use a contractor for their yard, may buy up to five passes at $5.00 each, to be used to dispose of their yard waste. 3. Wood chips be made available to Beverly residents, free of charge, who bring a barrel to the compost. Order read once and adopted 8-0 Vote #39 The Committee on Public Service and Aid to whom was referred the matter of Water Abatement-Edna Chansky have considered said matter and beg leave to report as follows, to wit: Request DENIED Order read once and adooted 9-0 Vote #40 The Committee on Public Service and Aid to whom was referred the matter of Request for Sewer Abatement James Mettling, 11 Middlebury Lane 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 Mr. Mettling and credit his sewer charge for $564.42 because of outside watering of shrubs and trees. Order read once and adopted 6-2 Vote (Gilmore & McGlynn) #41 The Committee on Public Service and Aid to whom was referred the matter of Communication relative to reactivation of Open Space Committee have considered said matter and beg leave to report as follows, to wit: Referred back to Committee on Public Service and Aid #102 The Committee on Public Service and Aid to whom was referred the matter of Communication from Salem City Council relative to taking a stand and supporting the Salem Harbor Power Station (US Generating) 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 #103 The Committee on Public Service and Aid to whom was referred the matter of Army Corp of engineers request for permit-A. Thibodeau have considered said matter and beg leave to report as follows, to wit Receive and Place on File Order read once and adooted 8-0 Vote UNFINISHED BUSINESS.' The foilowing ordinances were read into Council minutes. First Passage February 16 1999 held by charter Provisions, advertised and held for Final Passage March 15, 1999 #73 Ordinance Motor Vehicles and Traffic 2 hour parking Railroad Avenue Ordinance read once and adopted 8-0 Vote #74 Ordinance Motor Vehicles and Traffic One way streets-Judson St. Ordinance read once and adopted 8-0 Vote Resolutions. Motions and Orders #120 By Councilor Martin: ORDERED: That the City Engineer determine whether Meadow Road, Marjorie Way, Aston Street, Clipper Way and Yankee Way should be accepted as city streets Refer to Public Service and Aid #129 By Councilor Flaherty: ORDERED: That the City Council, on a yearly basis, acknowledge and recognize the people who volunteer their time on commissions, Board, Committees and individuals involved on special tasks. Referred to Public Service and Aid #120 By Councilor Flaherty Ordered: That the City Council's Public Service and Aid committee meet with the recycling committee regarding an update on the status of recycling in the city of Beverly and the cost associated with the program Referred to Public Service and Aid Meeting Adjourned at 8:50 PM Attest: Frances A. Macdonald C.M.C City Clerk