1999-10-047:45 PM #309 A Public Hearing re Transfer to Account Briscoe Middle School ($205,000.00)
7:50 PM #312 A Public Hearing re Transfer to Account Phase I Water/Sewer ($430,000.00)
Referred to Finance and Property
Regular Meeting of Beverly City Council October 4, 1999
Roll Call: All Councilors were present
Pledge of Allegiance to the Flag: Led by Councilor Martin
Acceptance of Minutes of Previous Meeting:
Minutes of September 20, 1999
Communications from His Honor the Mayor:
#320
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination
Agreement for property owned by Mr. and Mrs. Fred Walker, 34 Elliott SWeet, Beverly, MA 01915.
Attached is a communication ~'om Community Development Manager Dawn Goodwin concerning this
request.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to LeEal Affairs and Accounts
#321
Honorable City Council
City Hall
Beve~y, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. James Younger, 32 Butman Street,
Beverly, MA 01915, to serve as a member of the Historic District Commission.
He will replace William Lee who has resigned due to personal reasons. Mr. Younger's term will be
effective until April 1, 2002.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Public Service and Aid
#322
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
On December 21, 1998, 1 wrote to you regarding the proposed acquisition by the City of Beverly of the
improvements made to Harry Ball Field by the Beverly Little League. At that time, though you voted
to approve the concept as outlined in my letter (a copy of which is auached), certain details regarding
how the acquisition would be made and the source of the appropriation were not de~'med.
At this time, I would like to propose that an appropriation from the Unreserved Fund Balance of the
Recreation Enterprise Fund in an amount not to exceed One Hundred Six Thousand Dollars ($106,000)
be approved to fund this acquisition. The current balance of the notes outstanding in the name of the
Beverly Little League approximates $105,000 with interest accruing daily. Such an appropriation
should be more than sufficient to pay off the balance of these notes with accrued interest within the next
thirty days. The Unreserved Fund Balance in the Recreation Enterprise Fund is currently almost
$197,000 and was $173,648 at June 30, 1999.
As noted in point 6 of the December 21, 1998 letter, "The City will go out to bid for the operation of
the concession stand at Harry Ball Field. The Bid will include aspects of the maintenance of the field.
The threshold for acceptance of a bid will be the amount necessary to cover debt service on the
principal amount of the note plus maintenance costs, amortized over a period often years."
The use of some of the Unreserved Fund Balance in the Recreation Enterprise Fund to fund this
acquisition will clearly put the field under the control of the Recreation Department and allow for the
collection and retention of the income to be generated by the concession stand activities. It is estimated
that the income generated by the lease of the operations of the concession stand will be sufficient to
amortize the acquisition costs in ten years or less.
Please set a Public Hearing on this appropriation request for your next meeting scheduled on October
18, 1999. Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Finance and Prooertv
#323
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Robert MoLemore, 97 Preston
Place, Beverly, MA 01915, to serve as a regular member of the Zoning Board of Appeal.
He will replace Mr. Paul Beimonte who resigned due to personal reasons. Mr. McLemore's term will
be effective until January 31, 2002.
Very truly yours,
William F. ScanIon, Jr, Mayor
Referred to Leltal Affairs and Accounts
://:324
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I would like the opportunity to speak briefly to you tonight regarding the history of the location of the
Public Safety Facility at Cummings Center and about the desire to have a second new fire station near
Brimbal Avenue and Rte. 128.
Very truly yours,
William F. ScanIon, Jr., Mayor
Receive and Place on File
191
Communications from other City Officers and Boards
#325
Beverly City Council
191 Cabot Street
Bevedy, MA
RE: 35 Budey St. Wenham, MA
Land of Emma Gongas
Dear Honorable Council:
i hereby request that the City Council approve the taking of the properly and
improvements at 35 Budey Street in Wenham by eminent domain, for the purpose of
maintaining runway safety zones for the Beverly Municipal Airpod. Protracted
negotiations by and between the FAA, MAC, the Beverly Airport Commission and
Emma and Louis Gongas have concluded with the agreement by the Gongas family
to accept $317,000 for all right, title and interest in the properly at 35 Budey Street in.
Wenham. As you are aware from previous communications, this property lies within
the runway safety zone for the Beverly Airport, and negotiations concerning its
acquisition have been underway for more than two years.
I also request that the City council appropriate the sum of $317,000 to fund the
acquisition of the property. Appraisals undertaken by the FAA have established that
sum as the total value of the propedy acquisition 9including all incidental costs and
benefits payable in connection therewith) and the Gongas's have agreed to accept
that sum in full settlement of their claims in connection with the proposed taking.
Ultimately, the City will be responsible for only 3% of the acquisition cost, with 98% of
the sum being reimbursed to the City by FAA and MAC.
If you have any questions relative to this communication, please do not hesitate to
contact me.
Very truly yours,
Marshall J. Handly, City Solicitor
Referred to Leaal Affairs and Accounts
#326
Bevedy City council
191 Cabot St.
Beverly, MA
Dear Honorable Council:
I hereby request that the Council approve the grant of a non-exclusive utility
easement to Massachusetts Electric Company as shown on the attached plan for
the purpose of establishing laying and maintaining subsurface electrical service lines
from Chapman Street across the municipal parking lot to the rear of the Beverly
cooperative Bank, The Grant of easement would be on the condition that
Massachusetts Electric Company, its heirs and assigns, be responsible for the laying
and maintenance of the lines, that no new poles be erected in the parking lot in
connection with the exercise of the easement rights, and that the parking lot be
restored to its current condition, satisfactory to the City Engineer. I ask thaty you
undertake discussions on this matter based on the submitted plan. i anticipate that a
more definitive plan will be submitted in the course of those deliberations, more
precisely delineating the location and boundaries of the easement.
if you have any questions, please do not hesitate to contact me.
Very truly yours,
MarshaLl J. Handly, City Solicitor
Referred to Leaal Affairs and Accounts
#327
Honorable City Council
City Hall
Beverly, MA 01915
Dear Council:
RE Request for Stop Signs, Centervilla
We have been asked to look into the possibility of placing STOP signs on two streets in
Centervilla, Budey St. at Hathaway Ave., and Forest St., at Hathaway Ave. We have
investigated these locations and determined they meet the warrants and stop signs
should be placed there.
In accordance with the provisions of Chapter 89, Section 9, of the MGL's and
Chapter 14, Section 86 of the Revised Ordinance of the City of Bevedy, we request
the following stop sign;
ADD: Budey St., southeasterly bound drivers on Burlay St. at Hathaway Ave.
Forest St., southeasterly bound ddvers on Forest St. at Hathaway Ave.
Very truly yours,
Dennis O. Tarsoak, Traffic Sergeant
Referred to Leaal Affairs and Accounts
#328
Honorable City Council
City Hall
Bevedy, MA 01915
Dear councilors:
RE: Request to remove NO PARKING signs on Grove St.
We have been asked to look into the possibility of removing the NO PARKING signs on
Grove Street, in Beverly Farms. These signs and ordinance were placed there over
20m years ago when West Beach kept its gates open at night, now the problems are.
gone and the residents would like to park on their Street.
Please see attached letter from Mrs. Cook, 12 Grove Street.
Please take the necessary action to amend City of Beverly Revised Ordinances as
follows;
DELETE: C14, Sec. 120, Grove Street, both sides, entire length.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Referred to Leaal Affairs and Accounts
#329
Honorable City Council
191 Cabot St.
Bevedy, MA 01915
RE Recommendation on acceptance plans for the Maplewood Subdivision/Symes
Associates
Dear Members of the Council;
At the Planning Board's regular meeting held on Tuesday, March 17, 1998, members
of the Board voted unanimously, on the recommendation of Engineering Director
193
Frank Killilea, to recommend to your Board that the acceptance plans for the
Maplewood subdivision be accepted by the City Council.
As you know, acceptance of these plans will make the remaining streets in this
subdivision public ways. Previously, in December of 1996 the Council accepted four
of the roadways in this development as public ways(see attached Order).
Acceptance of the acceptance plans will officially make the remaining two roads
[Piper Drive and Holly Lane) public ways as well.
Please feel free to contact Planning Director Tina Cassidy at 921-6000, ext. 173 if you
have any questions relative to the Planning Board's vote.
Respecffully,
Richard Dinkin, Chairperson
Referred to Leaal Affairs and Accounts
#330
The Honorable City council
City Hall
Beverly, MA 01915
RE Acceptance of property on City's behalf/Hillcrest Ave/Upland Road
Dear Honorable Council:
A number of years ago, the Planning Board approved a seven-lot subdivision called
Winthrop's Grant located at the end of Hillcrest Avenue and Upland Road. One of
the conditions of approval imposed by the Board at that time was the transfer of
ownership of Parcel "B" (as shown on the attached plan) to the City.
A copy of the deed is attached to this letter. It has been reviewed and approved as
to form by City Solicitor Marshall Handly. Acceptance of the deed to this property on
the City's behalf is a prerequisite to filing it with the Registry of Deeds. Accordingly, I
am forwarding it to you for consideration and acceptance.
Please feel free to contact me if you have any questions regarding this matter. I can
be reached at 921-6000, extension 173.
Respectfully,
Tina P, Cassidy, Director
Referred to Leaal Affairs and Accounts
Communications, Applications and Petitions
#331
Communication from Mass Highway re "Memorandum of Agreement for Chapter
53A of the acts of 1999 Project Certification Form"
Referred to Finance and Property
#332
Communication relative to sidewalk at Warren Street
Referred to Leaal Affairs and Accounts and Public Service and Aid
#333
Petition-Mass Electric for poles, cable and conduit in Chapman and Bow Streets
Referred to Public Service and Aid
#334
Communication re Bevedy Shoppers Shuttle
Referred to Public Service and Aid
#335
Claim-Deborah Versackas
Referred to Leaal Affairs and Accounts
#336
Nodh Shore Medical Center Cancer Walk request to hang banner in June of 2000.
Referred to Public Service and Aid
#337
Communication from Gadsby & Hannah re mass Development Finance Agency
Revenue Bonds
Receive and Place on File
#338
Communication re previously granted easement Goldberg Propedies 7-9 Ranfoul
Street
Referred to Leaal Affairs and Accounts
#339
Application for Class II MVDL Beverly Motor Sales, 586 Cabot Street
Referred to Leaal Affairs and Accounts
Reports from Committees:
#309
The Committee on Finance and Property to whom was referred the matter of Transfer
to Account Briscoe Middle School ($205,000) 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 a transfer to account in the amount of (two hundred
five thousand $205,000,00)dollars, from account "State Aid Account" to Briscoe Middle School
Improvements as per the request of Mayor ScanIon.
Order read once and Adopted 9-0 Vote
#312
The Committee on Finance and Propedy to whom was referred the matter of Transfer
to Account Water/Sewer ($430,000) 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 a transfer to account in the amount of four hundred
thirty thousand ($430,000) Dollars from Water and Sewer, $129,000 from Water and
$301,000 from Sewer to Phase I of North Beverly improvements near the airport as per the
request of Mayor Ssanlon,
Order Read once and Adopted 9-0 VOTE
#322
The Committee on Finance and Property to whom was referred the matter of
Appropriation to Account Beverly Little League Ham/Ball Field ($106,000) 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 of the City of Beverly will hold a Public Hearing at 7:45 PM on
Monday, October 18, 1999 at 191 Cabot Street, Beverly, MA relative to an appropriation to account
Beverly Litale League Harry Ball Field fTom Unreserved Fund Balance of the Recreation Enterprise
fund in the amount of one hundred six thousand ($106,000) Dollars.
First Passage: October 4, 1999
Public Hearing: October 18, 1999
Final Passage: October 18, 1999
Order read once and adopted 9-0 Vote
#179
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T One Way-Green Street 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
#237
The Committee on Legal Affairs and Accounts to whom was referred the matter of '
Application for Livery License-New England Livery, 45 Dadmouth St. have considered
said matter and beg leave to report as follows, to wit:
Recommend the license be granted pending notification of place of storage for
vehicles
Order read once and adopted 9-0 Vote
#243
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Cornre. re acceptance of General Laws, Chapter 41, Section 108L (Quinn Bill} 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 provisions of Mass General Laws Chapter
41, Section 108L, "The Quinn Bill" as requested by Mayor ScaNon
Order read once and adopted 7-0 Vote councilors Van Liere and Rollins abstained
#271
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Police Dept. Re Ordinance Deletions have considered said
matter and beg leave to report as follows, fo wit:
Submit the accompanying order and recommend its adoption
In the year one thousand nine hundred and ninety nine
AN ORDNANCE amending an ordinance enti~ed "Motor Vehicles and Traffic" re
Obedience to special traffic-control devices.
Be it ordained by the City Council of the City of Beverly as follows:
Chapterl4, Section 94 Obedience to special traffic-control devices of the revised
ordinances of the city of Beverly, 1989, be, and the same is hereby amended as follows:
DELETE: Section (b) turning movements generally, (1) Right lanes must turn right:
Elliott Street, eastbound traffic onto McPherson Drive
Section (c) Right and left rams prohibited, (2) Left-hand turns prohibited:
from Cabot Street, northbound lane, into congress Street, westbound, from 4:00 p.m. to
6:00 p.m.
This ordinance to take effect as provided by city Charter
First Reading: October 4, 1999
Final Passage: October 18, 1999
Order read once & Passed to a second readina as per Chaffer Provisions 9-t2) Vote
#272
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T re Parking Creek Street have considered said matter and beg
leave to report as follows:
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
Parking prohibited on certain streets-At all times
Be it ordained by the City Council of the City of Beve~y as follows:
That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended as follows:
DELETE: Creek Street, northerly side, entire length
ADD: Creek Street, northerly side, from Rantoni Street to Park Street
Creek Street, southerly side, from Park Street westerly, to the property of the
City of Beverly
This ordinance to take effect as provided by city Charter
First Reading: October 4, 1999
Final Passage: October 18, 1999
Order read once & Dossad to a second readina as per Charter Provisions 9..0 Vote
197
#293
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Three Livery Licenses-City Taxi have considered said matter and beg
leave to report as follows:
Recommend the License Be Granted
Order read once and adopted 9-0 Vote
#294
The Committee on Finance and Propedy to whom was referred the matter of Carom.
from Commonwealth of Mass Land Coud re Petition of Barbara M. Rowell have
considered said matter and beg leave to report as follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted %0 Vote
#308
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment to Zoning Board of Appeal Alternate members Andrea Fish and Scott
Ferguson have considered said matter and beg leave to report as follows:
Recommend approval of the appointments
Order read once and adopted 9-0 Vote
#315
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Raffle & Bazaar Permit-Endicott College for Las Vegas Night have
considered said matter and beg leave to repod as follows:
Recommend the License be Granted
Order read once and adopted 9-0 Vote
#316
The Committee on Legal Affairs and Accounts to whom was referred the matter of
League of Women Voters request to hang Banner across Cabot Street have
considered said matter and beg leave to repod as follows:
Submit the accompanying amended order and recommend its adoption
Ordered: That the City council approve the request from the League of Women
Voters to hang a banner across Cabot Street for the two to three week period before
the Election provided that they are property insured and that the banner is hung by
a licensed rigger.
Order read once and adopted 9-0 Vote
#317
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim-Paul Bonaiuto 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
198
#318
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Claim-Steve Gonzalez have considered said matter and beg leave to report as
follows:
Receive and Place on File
Refer to City Solicitor
Order read once and adopted 9-0 Vote
#320
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement Walker, 34 Elliott St. have considered said matter and beg
leave to report as follows:
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 SUBORDINATION AGREEMENT for Mr. & Mrs. Fred Walker, 34 Elliott Street as
per the attached communication from Dawn Goodwin, Community Development
Manager
Order read once and adopted 9-0 Vote
#233
The Committee on Public Service and Accounts to whom was referred the matter of
Request for Water/Sewer Abatement 8-l0 Porter Street have considered said matter
and beg leave to report as follows:
Amended to read Referred to Committee on Public Service and Aid
Order read once and adoDted 7-2 Vote Gilmore and Martin Against
#234
The Committee on Public Service and Accounts to whom was referred the matter of
Request for Water/Sewer Abatement 11 Highland Terrace have considered said
matter and beg leave to report as follows:
Amended to read Referred to Committee on Public Service and Aid
Order read once and adopted 7-2 Vote Gilmore and Martin Against
#283
The Committee on Public Service and Aid to whom was referred the matter of
Edgewood Rd Residents request to block street have considered said matter and
beg leave to report as follows:
Receive and Place on File
Order read once and adopted 9-0 Vote
#310
The Committee on Public Service and Aid to whom was referred the matter of
Appointment of Kathryn Burns to Council on Aging and Waiver of Residency
requirement have considered said matter and beg leave to repod as follows:
Recommend the Council Approve the Appointments
An furlher waive residency requirement
Order read once and adopted 9-0 Vote
#311
The Committee on Public Service and Aid to whom was referred the matter of
reappointment Robert Marshall to the Council on Aging have considered said matter
and beg leave to report as follows:
Recommend the Council approve the Appointment
Order read once and adopted 8-0 Vote
#313
The Committee on Public Service and Aid to whom was referred the matter of
Appointment to Local Arts Council-Marcia Hermann and Jan Lewis Plourde have
considered said matter and beg leave to report as follows:
Recommend the Council approve the appointments
Order read once and adoDted 9-0 Vote
#333
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Mass Electric for Cable, Conduit and Poles in Bow and Chapman Streets
have considered said matter and beg leave to reporJ as follows:
Submit the accompanying order and recommend its adoption
ORDERED; That the City Council of the City of Beverly will hold a public
hearing on Monday October 18, 1999 at 7:58 PM in Council Chambers,
191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for
a conduit and cable in Bow Street and Chapman Street.
Order read once and adopted 9-0 Vote
Unfinished Business:
The following ordinances were read into council and held for final passage after
advertising:
#273 Ordinance Motor Vehicles and Traffic-Stop Sign-Eaton at L. indsey
#274 Ordinance Motor Vehicles and Traffic - Stop Signs-Gloucester Crossing Area
Resolutions:
#340
John Boyle on his retirement from the Beverly School System
Receive and Place on File- 9-0 Vote
#341
Beverly Housing authority 25 years at Garden City Towers
Receive and Place on File- 9-0 Vote
#342
By Councilor Madin:
Ordered: That the Director of Engineering study the feasibility of installing a left turn
signal at the intersection of Cabot Street and Balch Street
Referred to Public Service and Aid 9-0 Vote
#343
By Councilor McGlynn:
Ordered: That Parking be allowed on Heather Street from Westedy Road, Westerty
Road side to lust before Herrick Street
Referred to Leaal Affairs and Accounts 9-0 Vote
Motions and Orders:
Meeting adjourned: 9:55 PM
Frances A. Macdonald, CMC
City Clerk