1999-04-057:30 PM Jane Bright-Salem Power Plant Healthlink
7:55 PM Timothy Brennan re Roomers & Boarders
Roll
Regular Meeting of Beverly City Council, April 5, 1999
Call: All Councilors were present
Pledge of Allegiance to the Flag: Led by Councilor McGlynn
Acceptance of Minutes of Previous Meeting:
Accept amended minutes of March 15, 1999 meeting
Appointments:
Communications from His Honor the Mayor:
#123
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review end recommendation, the following citizens to serve as members
of the Board of Health:
Norman C. Spector
29 Sonning Road
Beverly, MA 01915
Effective until December 31,2001
Peter Hersee
17 Juniper Sweet
Wenham, MA 01984
Effective until December 31, 2000
I also request that the residency requirement be waived so that Mr. Hersee can continue to serve in this
capacity.
Frank S. Carbone, Jr., MD
550 Cabot Street
Beverly, MA 01915
Effective until December 31, 1999
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Legal Affairs and Accounts
#124
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to serve as Constables
in the City of Beverly for the express purpose of serving Civil Process:
Mr. Deen R. Portfous
140 Rantoul Street
Suite 2
Beverly, MA 01915
73
Effective until May 1, 2002
Mr. David Almeida
PO Box 775
Beverly, MA 01915
Effective until May 1, 2002
Chief William Terry has approved these applicants.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and ProPertY
#125
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
An initial site assessment of three parcels of land near the Airport was recently completed
by Ransom Engineering on behalf of the City. Ransom was unable to give us a totally
clean bill of health without additional assessment. We have negotiated with Ransom for
Phase 2 at a cost of $142,000. We are hopeful, but not totally certain, that Phase 2 will
bring these investigations to an end.
On another front an accidental oil spill occurred on March 26 also near the Airport. This
spill has been fully dealt with under the direction of the Department of Environmental
Protection. It is too early to be certain whether the City can recover the costs.
The account "Miscellaneous Unbudgeted Revenues" currently contains $200,000 in
unbudgeted revenues. I hereby request an appropriation of $167,000 to account
"Engineering Consultant;" $25,000 for the oil spill and $142,000 to for the Phase 2
assessment, from account "Miscellaneous Unbudgeted Revenues." Said sum of money to
be expended under the direction of the Director of Engineering, Frank Killilea,
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Pronertv
#126
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As identified by our Recreation Commission, Beverly has a strong need for additional athletic facilities. A
facility for ice skating which would offer figure skating, ice hockey, and public skating for all of Beverly's
citizens is part of this need.
In recent times I have been approached by parties interested in building a skating facility in Beverly. I have
told these people that I would consider, subject of course to your review, an approach whereby the City
would provide a parcel offand on a long-term lease basis at a reasonable cost to serve as the site on which to
construct the facility. My thinking is that the successful respondent to an RFP would build and operate the
facility while providing the City with a significant and defined amount of free ice time on an ongoing annual
basis.
The above is a brief summary of the currently intended approach which would need to be further refined
before an PiP were to be issued.
There is a site that looks very promising. The Vitale site bordered by Henderson Road and Cabot Street is
comprised of 18 acres of land, land whose use has been challenged by the fly ash fill which was deposited on
the site.
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There is every reason to believe that this site would readily lend itself to a slab on grade type of single story
construction such as an ice skating facility.
At this moment the major conceptual issue associated with the idea of an ice skating facility on the Vitale site
relates to the Conservation Restrictions that were imposed on the property some years ago.
These restrictions were imposed to guarantee that the property would remain "Open Space" which tends to
correlate with passive recreation rather than active recreation.
The past several months have allowed the idea of removing the conservation restrictions on this site to
pemolate through the community. The feedback that I have noted is extremely positive in favor of modifying
the Conservation RasUictions to permit an athletic facility such as an ice skating facility on the ske.
It is my understanding that a vote of the Council and a Home Rule Petition to be passed by the Massachusetts
Legislature would be in order to modify these restrictions.
I hereby request that the City Council take the necessary steps to modify the Conservation Restrictions on the
Viiale site so as to permit the construction of an ice skating facility on the site.
I enclose a letter ~'om Ransom Environmental consultants stating that there is no reason to delay
development of this site.
I look forward to discussing this matter with the entire Council.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Leltal Affairs and Accounts
Communications from Other City Officers and Boards:
#127
Honorable City Council
191 Cabot St.
Beve~y, MA 01915
Dear Councilors
RE: Parking on Scott Street
At a recent meeting with the management of Henry's market and the residents of Ellsworth
Avenue, Tremont Street and other streets in that neighborhood, it was decided to eliminate
the 3 or so parking spaces on Scott Street as you enter from Cabot Street.
Please take the necessary action to amend City of Beverly Revised Ordinances as follows:
ADD C14 See. 120, Scott Street, northerly side, from Cabot Street to Ellsworth Avenue,
entire length.
Sincerely,
Dennis O. Tarsook, Traffic Sergeant
Referred to Lelal Affairs and Accounts
#43
Honorable City council
191 Cabot Street
Beve~y, MA
RE Order #43 Various Zoning Amendments
Dear Members of the Council:
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The purpose of this letter is to inform you that the Planning Board began discussion of this
Order following the Joint Public Hearing between the Planning Board and Council on
March 15th. Unfortunately, the Board was unable to complete discussion of the matter and
formulate a recommendation for your consideration that evening.
Therefore, the Board intends to place this matter on its next meeting agenda for April 20th,
with the goal of ~nalizing a recommendation to you that evening. The Board would
appreciate it if the Council would postpone a decision on this Order until it has had an
opportunity to forward its recommendation to you.
Thank you on behalf of the planning Board for your cooperation and patience in this
regard.
Respectfully,
Tina P. Cassidy, Director Planning & Development Department
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions;
#128
Communication from Comm. of Mass., Department of Education re School Building
Maintenance Spending Requirements
Referred to Finance and Pronerty
#129
Communication from Nino Lombardi re paintings
Referred to Finance and Property
#130
Comm relative to renovation of Bond on Constable Antonio J. Luciano
Referred to Legal Affairs and Accounts
#131
Minutes of Beverly Harbor Management Authority meeting of March 4, 1999
Refer to Finance and Property
#132
Communication from TEC Associates re Amtrak 1999 Vegetation Control Program
Referred to Public Service and Aid
#133
Claim-Robert H. Field, III 138 Livingstone Ave., Beverly
Referred to Legal Affairs and Accounts
76
#134 (Late File)
Communication re Salem Power Plant Healthlink
Referred Public Service and Aid
#135 (Late File)
Purchase and Sale Agreement for Hardie School to Montserrat College of Art
Referred to Finance and Prooertv
Reports from Committees:
#76
The Committee on Finance and Property to whom was referred the matter of Minutes of
Beverly Harbor Management Authority meeting of February 4, 1999 have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adonted 9-0 Vote
#78
The Committee on Finance and Property to whom was referred the matter of North Shore
regional Vocational School Annual Report, Long and Short Forms have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adol~ted 9-0 Vote
#106
The Committee on Finance and Property to whom was referred the matter of North Shore
Regional Vocational School FY2000 Preliminary Budget and Municipal Assessments have
considered.said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adonted 9-0 Vote
#108
The Committee on Finance and Property to whom was referred the matter of Tax deferral
for taxpayers 65 and older 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 MGL c 59 Section 5 (41), to increase the property
tax deferral of taxpayers 65 years or older. The taxpayer may defer payment of property
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 portion each year at
8% interest.
Order read once and adopted 9-0 ~Vote
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#115
The Committee on Finance and Property to whom was referred the matter of
Communication re renovations to Briscoe Middle School 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 Adooted 9-0 Vote
#125
The Committee on Finance and Property to whom was referred the matter of Appropriation
to Account "Engineering Consultant" ($167,000.00) 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 will hold a Public Heating on Tuesday, April 20, 1999 at
7:45 PM at City Hall, 191 Cabot Street, Beve~y, MA relative to an appropriation to
account "Engineering Consultant" in the amount of One hundred sixty seven thousand
dollars ($167,000) $15,000 - Oil Spill and $142,000 for Phase two Assessment
Said sum of money to be expended under the direction of Director of Engineering Frank
Killilea
First Passage: April 5, 1999
Public Hearing: April 20, 1999
Final Passage: April 20, 1999
Order read once and adooted 9-0 Vote
#135
The Committee on Finance and Property to whom was referred the matter of Purchase and
Sale Agreement for sale of the Hardie School to Montserrat College of Art 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 will hold a Public heating on May 3, 1999 at 7:30 PM at
City hall, 191 Cabot Street, Beverly relative to a Purchase and Sale Agreement from
Montserrat College of Art for the Purchase of the Hardie School Building
Order read once and adol~ted 9-0 Vote
#5
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-Constable Kenneth E. Arsenault have considered said matter and beg leave
to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 9-0 Vote
78
#56
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Fred Ambrosini re pawn shop interest rate have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adoi~ted 9-0 Vote
#112
The Committee on Legal Affairs and Accounts to whom was referred the matter of Waiver
of Right of First Refusal, 205 Dane Square Condos-Robert Powers 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 enclosed
Waiver of Right of First Refusal for Robert Powers for a Condo at 205 Dane Square, as per
the request of the Assistant Planning Director, Debra Hurlbutt.
Order read once and adoriled 9-0 Vote
#113
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Senate Bill #929 Signs for Farm Stands 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
#114
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request for Waiver of Fees for amusement licenses-YMCA Teen Center 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 honor the request for the Beverly YMCA Teen Center
to waive the $300.00 fee for their amusement machines.
Order read once and adopted 8-0 Vote Councilor Flaherty abstained
#116
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-
Mary Rhoades 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
79
#118
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Second Hand Dealers License-the Golden Hanger, 202 Rantoul St. have
considered said matter and beg leave to report as follows, to wit
]Recommend the License be Granted
Order read once and adopted 9-0 Vote
#137
The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm.
re Section 29-2 entitled "Def'mitions' have considered said matter and beg leave to report
as follows, to wit
Refer to Planning Board
Order read once and adonted 9-0 Vote
#41
The Committee on Public Service and Aid to whom was referred the matter of Open Space
committee 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 handred and ninety nine
AN Ordinance amending an ordinance entitled "Administration"
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 2, Article IV be amended by adding Division 14. Open Space and Recreation
Committee.
Sec. 2-529. Establishment; Composition; Appointment; Terms; Vacancies
There is, hereby, established the Beverly Open Space and Recreation Committee
consisting of twelve members, six of whom shall be appointed by the mayor and six of whom shall be
appointed by the City council. Of the six members appointed by the mayor, two will be at-large, one shall be
a member of the conservation Commission, one shall be a member of the Planning Board, one shall be a
member of the Parks and Recreation Commission and one shall be a member of the Beverly Harbor
Authority. Ira member of a particular board is not available, the mayor shall appoint a person with similar
expertise. The mayor shall assign an employee of the Planning Department to the committee as resource
person and liaison to city government. Of the six members appointed by the city council, one shall reside in
Ward I, one shall reside in Ward If, one shall reside in Ward III, one shall reside in Ward IV, one shall reside
in Ward V and one shall reside in Ward VI and shall be nominated by their respective ward councilor. All
members shall be residents of the city and shall not be in the employ of the city of Bevarly. Each of the
council appointees shall have a demonstrated interest in preserving open space/recreation. Upon the initial
appointments the mayor and the city council shall each appoint two members for one year terms, two
members for two year terms and two members for three year terms. Thereafter, all appointments shall be for
three year terms. All appointments shall be confirmed by the City council. Vacancies shall be tilled by the
appropriate appointing authority for the remainder of the term. The appropriate appointing authority may
remove a member for failure to fulfill his duties and responsibilities.
Sec. 2-531. Structure.
(a) At its initial meeting the committee shall elect a chairperson, vice-chairperson and recording
secretary from its membership to serve for a period of one year. Said officers shall be elected annually,
thereafter.
(b) The Open Space and Recreation Committee will structure ad-hoc committees, as needed, to
address specific objectives of the committee and shall recruit, a as needed, members to serve in a non-voting
advisory capacity.
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Sec. 2-532. Duties and Powers
(a) The Open Space and Recreation Committee shall act as an advisory committee to the
mayor, city council, city departments, private organizations and the general public on matters concerning
open space and recreation and shall have no budgetary powers.
(b) A majority of the appointed members presently named and serving on the committee shall
constitute a quorum and no meeting shall be held or continued without a quorum present. A majority of the
members presently named and serving on the committee shall be necessary for approval or disapproval of
any matter.
(c) Upon its formation, a mission statement shall be formulated.
(d) The committee shall adopt rules and regulations for keeping accurate minutes.
(e) The committee shall appear before the city council in the months of March and
October and present a semi-annual report.
(f') Said committee's function shall include, but not limited to the following:
(1) Prepare, and from time to time, update a five year open space and recreation
plan for current and future use.
(2) Prepare a continuing inventory of open space in the city.
(3) Research and recommend financing alternatives for the acquisition and
preservation of open space and development of recreational facilities including the impact
on the fiscal budget.
(4) Set criteria for prioritizing open space acquisition and recreational facility
development and redevelopment for current and future use.
(5) Explore creative strategies to preserve open space
(6) Recommend any changes in state and local laws to facilitate the acquisition and
preservation of open space.
First Passage: April 5, 1999
Final Passage: April 20, 1999
Ordinance read once and held for final uassa~,e accordini to charter provisions 9-0 Vote
#55
The Committee on Public Service and Aid to whom was referred the matter of Request for
abatement on water bill-Anthony Mirabito, 150R Dodge Street 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 DENY the request of Anthony Mirabito, 150R
Dodge St for an abatement on his sewer bill in the amount of $100.00.
Order read once and adopted 9-0 Vote
#86
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
report as follows, to wit:
Referred back to Committee on Public Service and Aid
#119
The Committee on Public Service and Aid to whom was referred the matter of Request by
the Golden Hanger to hang a sign at 231 Cabot Street 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 of the Golden hanger Consignment
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Boutique to hang a sign at 231 Cabot Street provided that a copy of the insurance be filed
with the City Clerk.
Order read once and adonted 9-0 Vote
#121
The Committee on Public Service and Aid to whom was referred the matter of
Acknowledgement of volunteers that serve on commissions, board and committees have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying mended order and recommend its adoption
Ordered: That a system be set in place so that any person that serves on a board,
commission or committee be sent a letter or Certificate of Appreciation for their work thru
the office of the City Clerk.
Order read once and adonted 9-0 Vote
tINFINISHED BUSINESS:
#137
Resolutions:
City Council
City of Beverly, Massachusetts
Thomas Tanous
Be it known that the City Council of the City of Beverly, Massachusetts, offers its sincere
congratulations to Thomas Tanous on the occasion of his retirement from the Beverly
School Department;
And be it further known that the City Council joins with the citizens of, Beverly in
expressing its pride in Tom's numerous professional and personal accomplishments;
And be it further known that the City Council offers its sincerest appreciation for Tom's
many years of exemplary service to the citizens of Beverly.
The entire membership extends its very best wishes for a future of happiness and good
fortune.
Peter H. Gilmore Timothy P. Flaherty
Joyce A. McMahon Maureen E. Troubeiaris
Russell W. Rollins Carol A. Van Liere
Virginia D. MeGlynn Donald G. Martin
John W. Murray
Motions and Orders (Taken out of order)
#136
By Councilor Gilmore:
ORDERED: That the Revised ordinances of the City of Beverly be mended as follows:
1. By inserting the following in Section 29-2, entitled "Definitions" and renumbering the
subsequent subsections accordingly.I
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Boarder: A Person who rents a room for a period of not less than four (4) consecutive
weeks in a dwelling owned and occupied by another
2. By inserting the following Section 29-5, the following new subsection entitled "Permits
for Boarders."
Any other City ordinance to the contrary notwithstanding, the owner of a dwelling may
rent a room or rooms in such dwelling to not more than two (2) boarders only by a license
issued by the City council upon the following terms and conditions:
1. Any license so issued will be non-transferable, and will expire:
a. 48 months from the date of issue, subject to renewal for additional 48 month
periods by the City Clerk; or, if sooner
b. the date on which the property owner to whom it is used ceases to own or to
reside at the property, or
c. the date on which the license is revoked by the City Council as provided in
paragraph 9.
2. Any license so issued will not constitute an acknowledgment by the City of Beverly that
the dwelling may legally be used as a multi-family dwelling.
3. Occupancy by boarders shall be limited to the main structure on the property.
4. There must be one (1) off-street parking space for each boarder which parking space (s)
shall comply with the requirements of Section 29-24. E. - Design Requirements, of the
Revised ordinances.
5. The area of the dwelling occupied by the boarders shall not have separate cooking
facilities or a separate entrance.
6. The applicant for a license shall (1) submit an application to the City Clerk on a form
approved by the City Council, (2) prepare and file with the application a floor plan of the
dwelling and a site plan, both drawn to scale, which will enable the City Council to
determine the area of the property to be occupied by any boarders and the location of the
required parking area, and, in appropriate circumstances, evidence of the right of any
applicant to use the designated parking area for this purpose, (3) copies of the current deed
to the property and of any decisions of the Zoning Board of Appeals or. the Planning Board
that have been previously issued for the property, and (4) pay a one time fee of $ 1 00.00
7. Upon receipt of an initial application under this Section the City Clerk shall send a
notice of such application via first class mall to direct abutters of the applicant, including
those opposite the property on a public way. The notice shall include the name and
address of the applicant, the date, time and place at which the application will be reviewed
by the appropriate committee of the City Council, and the right of the abutter to attend the
meeting and to address the Committee concerning the application.
8. At the request of any member of the City Council, and after notice to the license holder
and an oppommity to be heard, any license so issued may be revoked for good cause by a
majority vote of the City Council
9. Any person who violates this Ordinance shall be subject to a fine of up to $300.00.
Each day that the violation continues shall be considered as a separate offense.
Referred to Leeal Affairs and Accounts
Meeting Adjourned at 8:47 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
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