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2001-12-037:00 PM Joanne Keefe re Homeless shelter for women 7:15 PM Presentation by Kenneth Knowlton-Salem/Beverly Water Supply Board 7:45 PM Public Hearing re Setting of Tax Levy Meeting recessed until 7:15 PM December 17, 2001 regular Meeting ofregular Meeting of Beverly City Council DEC 3, 2001 Beverly City Council DEC 3, 2001 Roll Call : All Councilors were present. Pledge of Allegiance to the Flag : Led by Councilor Smith Appointments: Acceptance of Minutes of Previous Meeting: Meeting of Nov. 19, 2001 Communications from His Honor the Mayor : #301 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: You will recall that I wrote to you regarding the purchase of the Ventron Property at the time of your last meeting. Tonight I request that you begin the necessary actions to acquire this 3.6-acre waterfront property located on Congress Street for the sum of $925,000. While you may very likely not complete the acquisition of this property this year, I believe it most important that this matter be brought forward at this time. The City currently has the right to buy the property for $925,000. If the property is not acquired by the city so as to control its development, the property will no doubt be sold to a third party whose concerns for the Goat Hill neighborhood may be modest. I recommend that the property be acquired by the City of Beverly’s existing but inactive Industrial Development Financing Authority. I strongly recommend that this Authority be reactivated, and duly qualified with the Secretary of the Commonwealth as provided in Chapter 40D of the General Laws. Properly activated and empowered, this Authority would have the ability to acquire and control the redevelopment of the Ventron property and other parcels identified by the City as appropriate subjects for industrial redevelopment. The powers of such an authority are set forth at Section 7 of the stature and include the powers to acquire, purchase, hold, lease (as lessor or lessee), sell, mortgage, transfer and dispose of any property or property interest. As set forth in Section 2 of Chapter 40D, I hereby request that the City of Beverly by vote declare that an industrial development financing authority is needed in the City of Beverly, and that security against future unemployment and lack of business opportunity is required in Beverly and that security against future unemployment and lack of business opportunity can be provided by attracting new industry to the city or substantially expanding industry existing in the city through an industrial development project or projects financed under Chapter 40D of the General Laws. A list of proposed members for the authority has been forwarded to you separately. The cost to the City for the several year holding period before redevelopment of the property is expected to be slightly less than $40,000 per year or about 4% of the purchase price of $925,000. This property properly developed can add synergy to Beverly’s existing waterfront holdings and benefit the community significantly. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property 172 #302 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I have provided Johnson Golf with the names of the nine individuals I intended to proudly recommend for appointment to the Golf and Tennis Commission. Although the terms of the court settlement required that these names be approved by Johnson, he has been non-responsive to the request that he review these nominees. Therefore, I am precluded from bringing these names to the Council. The persons I intended to put forward are as follows: John Kenney, 7 Middlebury Lane - John has been a member of the Commission for several years. His continued service would provide continuity and the orderly transition of knowledge. John is a reasonable and thoughtful man who is good at reaching consensus. Kevin Hobin, 6 Gardner Street – Kevin is an existing member of the Commission. He serves as the member from the Recreation Commission as per our ordinance. His service began well after the recently settled lawsuit was initiated. Kevin is deeply involved in youth activities and our school system. He is the most logical member from the Recreation Commission. Linda Goodenough, 81 Lovett Street – Linda would serve as the member, required by ordinance, from the Conservation Commission. Formerly the chair of the School Committee and an attorney, she would bring much to the position. Sheree DeLorenzo, 7 Clipper Way – An active member of the community, an expert in the field of restaurant management and a lady with strong organizational skills. She would be a positive addition to the Commission. Bill Terry, 530 Essex Street – Former police chief, a man known for his fairness and an avid golfer, Bill would represent the interests of the golfing membership. Jim Doherty, 15 Wentworth Drive – A former alderman, an attorney, an active and forward thinking person, Jim would bring much to the Commission. Bill Delaney, 201 East Lothrop Street – A clear thinker, former member of the Planning Board, an attorney by profession, Bill would be an effective member. Gerry LaCombe, 8 Thoreau Circle – Former chairman of the Harbor Management Authority, Gerry would bring energy and organizational skills to this position. David Brodette, 15 Clark Avenue – David like Bill Terry is a golfing member at Beverly and these two would ably represent the interests of the golfing membership going forward. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File # 303 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. James Tognazzi, 459 Cabot Street, Beverly, MA 01915, to serve as a member of the Beverly Airport Commission. 173 He will fill the unexpired term of Robert Farmer who has resigned. His term will be effective until December 31, 2002. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #304 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As per the attached communication from Danvers Town Manager, Wayne Marquis, I hereby appoint, subject to your review and recommendation, Mr. Gardner Trask, 31 Fellows Street, Danvers, MA 01923, to serve as a Danvers representative to the Beverly Airport Commission. He will replace Mr. Bruce Eaton. Mr. Trask’s term will be effective until December 31, 2003. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #305 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Thirty-Three Thousand Eight Hundred Seventy-One Dollars and Fifty Cents ($33,871.50) to account “Traffic Signals – Change Green LEDs” from account “Reserve for Unforeseen.” Said sum of money to be expended under the direction of the Building Commissioner. Attached is a communication from Timothy Brennan concerning this request. You will note that we are eligible for a rebate and will enjoy energy savings. This combination will create a three-year payback. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #306 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following members of the Beverly Airport Commission: Ms. Karen Nelson Mr. Leo White 10 Normandy Row 12 Stewart Lane 174 Topsfield (Danvers representative) Mr. Paul Barnico 11 Iverson Road Mr. William Mahoney 10 Beverly Hills Avenue Their terms will be effective until December 31, 2004. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #307 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Planning Board: John Thomson 9 Thoreau Circle Joanne Dunn 18 Palmer Road Their terms will be effective until December 31, 2004. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #308 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Kevin Muise, 376 Cabot Street, Beverly, MA 01915, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his application which has been approved by Police Chief John Cassola. Mr. Muise’s term will be effective until December 31, 2004. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #309 December 3, 2001 Honorable City Council 175 City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Twelve Thousand Five Hundred Dollars ($12,500) to account “School Bus Lease” from account “Reserve for Unforeseen.” Said sum of money to be expended under the direction of the Superintendent of Schools. Attached is a communication from Finance Director John Dunn concerning this transfer. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #310 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Once again we are able to hold the combined water and sewer rates constant but in order to properly reflect our costs we do need to shift a portion of the sewer charge to the water. I hereby recommend that your Honorable Council transfer 30 cents per 100 cubic feet from the sewer charge to the water as follows: Current Rate Proposed Rate Water $1.91 Water $2.21 Sewer _3.84 Sewer 3.54 Combined $5.75/l00 cubic feet Combined $5.75/100 cubic feet By way of explanation the water system continues to require significant work to bring it up to an appropriate standard. Also, as you know, the water system operates under significant pressure while the sewer system does not. Additionally in his letter John Dunn requests a transfer between the water and sewer accounts on which I recommend you act favorably. Please set a public hearing at your first convenience to reflect these necessary changes. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #311 December 3, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It is with considerable regret that I inform you of Tina Cassidy’s decision to resign as Planning Director effective January 7, 2002. 176 Tina’s contributions have been immense. She has worked tirelessly including nights and weekends to make the past eight years a success. Without her there might well be no Sam Fonzo Drive. The Green’s Hill and Santin open space acquisitions would also both have been in jeopardy and the list goes on. Tina, always cheerful, has a unique way of delivering maximum productivity from large groups of people. Her efforts with the Planning Board, the Norwood Pond Commission, the Open Space and Recreation Committee and the Master Plan Steering Committee are all outstanding. I understand why she leaves but I want you to understand that her moving on leaves the city with huge shoes to fill. I wish her every success and feel privileged to have worked with her on so many issues, many of which were much broader than simply planning functions. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #312 December 3, 2001 Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: The Electric Insurance Company, with existing leased facilities on Conant Street and Cherry Hill Drive, is ready to make Beverly its corporate headquarters. Electric Insurance Company (“EIC”) is ready to invest some $25,000,000 in constructing a new 155,000 square foot office building on Sam Fonzo Drive and creating 175 new jobs in Beverly, if the City will grant a TIF (Tax Increment Financing) arrangement as outlined below and in the attached. Beverly would grant a reduction in additional real estate taxes related to the new investment of 5% in the first year, 4% in the second, 3% in the third, 2% in the fourth, and 1% in years five through ten of the ten-year agreement. This relief would average 2% per year over ten years. The major benefit to EIC would come from existing Commonwealth of Massachusetts incentives in the form of increased tax credits. EIC has the potential for further expansion in Beverly. Its current proposal contemplates a second phase of construction that would occur sometime between the fifth and tenth year of the TIF agreement. The company provides good, relatively high paying jobs and has been very active in supporting a number of community activities over the years. Its employees have been longstanding volunteers in a mentoring program at Hannah Elementary School and the company participates in programs run by Beverly Bootstraps, the Center for Family Development, and the Beverly Rape Crisis Center. Beverly has been very cautious about creating TIF arrangements, encouraging the establishment of corporate worldwide headquarters where appropriate and creating TIF agreements with nominal local tax implications. The EIC proposal is similar in length and terms to several TIF arrangements negotiated previously. You will note from the enclosed package that the City’s Economic and Community Development Council has voted unanimously in favor of this project. I would urge your thorough consideration of this arrangement at your earliest opportunity. EIC is ready to proceed with construction as soon as the TIF is approved and a pending appeal of its wetlands permit is resolved. Specifically, I request that the Council: · Adopt the drafted “Resolution Authorizing the Creation of an Economic Opportunity Area”; · Adopt the drafted “Resolution Authorizing the Designation of a Certified Project”; 177 · Adopt the attached Tax Increment Financing Plan; and Authorize execution of the drafted Tax Increment Financing Agreement with Electric Insurance Company. Respectfully, William F. Scanlon, Jr., Mayor Referred to Finance and Property Communications from other City Officers and Boards Communications, Applications and Petitions #313 Comm. from William Cloran re Application of the Airporter, Inc. Referred to Legal Affairs and Accounts #314 Comm from Mayor Elect Thomas M. Crean relative to the Inauguration and the Inaugural Ball Receive and Place on File #315 Application for sale of Christmas Trees Andy’s at corner of Elliott and Beckford St. Referred to Legal Affairs and Accounts Reports from Committees: #305 The Committee on Finance and Property to whom was referred the matter of Transfer to account Traffic Signal lights 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 on Monday, December 17, 2001 at 7:55 PM at 191 Cabot Street Beverly, MA relative to a transfer to account “Traffic Signals” in the amount of Thirty Three Thousand Eight Hundred Seventy One Dollars and Fifty Cents ($33,871.50) to purchase Change Green LED’s First Passage: Dec. 3, 2001 Public Hearing: Dec. 17, 2001 Final Passage: Dec. 17, 2001 9-0 Vote Order Read once and Adopted #309 The Committee on Finance and Property to whom was referred the matter of Transfer o Account “School Bus Lease” have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 178 Ordered: That the City Council of the City of Beverly will hold a Public hearing on Monday, December 17, 2001 at 7:50 PM at 191 Cabot Street Beverly, MA relative to a transfer to account “School Bus Lease” in the amount of Twelve Thousand Five Hundred ($12,500.00) dollars First Passage: Dec. 3, 2001 Public Hearing: Dec. 17, 2001 Final Passage: Dec. 17, 2001 9-0 Vote Order read once and adopted #310 The Committee on Finance and Property to whom was referred the matter of Water/Sewer Transfer and setting of rates 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 on Monday, December 17, 2001 at 7:30 PM at 191 Cabot Street Beverly, MA relative to the setting of water/sewer rates and the transfer of funds between Sewer and Water in the amount of $800,000.00 First Passage: Dec. 3, 2001 Public Hearing: Dec. 17, 2001 Final Passage: Dec. 17, 2001 9-0 Vote Order read once and adopted #246 The Committee on Legal Affairs and Accounts to whom was revered the matter of Ordinance re police dept aiding and permitting a nuisance have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year Two Thousand and One An Ordinance amending an ordinance entitled Police Department Article II, Chief of police Sec 19-36 Be it ordained by the City Council of the City of Beverly as follows: That Chapter 19, Section 36 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: The chief of Police or his designee shall notify the owner of record and, if different and if known, the manager of rental property within this city of any complaints pertaining to the property or the use thereof for the purposes of prostitution, assignation, lewdness, illegal gaming, illegal keeping or sale of alcoholic beverages, or illegal keeping, sale or manufacture of controlled substances. Such notification shall be directed to said owner and/or manager for the purpose of notice to such owners/managers pursuant to the provisions of section 20 of chapter 139 of the general laws of the Commonwealth of Massachusetts This ordinance to take effect upon passage according to City Charter. First Passage: Dec. 3, 2001 Final Passage: Dec. 17, 2001 Ordinance read once and defeated on a 4-4 Vote 179 #282 The Committee on Legal Affairs and Accounts to whom was referred the matter of BHS Arts Department banner have considered said matter and beg leave to report as follows, to wit Submit the accompanying order and recommend its adoption Ordered: That the Beverly High School Arts Department be allowed to hang a banner across Cabot Street from March 8 through April 12, 2002 and be it further ordered that they be properly insured and that the banner be hung by a licensed rigger 9-0 Vote Order read once and adopted #286 The Committee on Legal Affairs and Accounts to whom was revered the matter of Approval of Change of Ownership American Petroleum, 586 Cabot Street have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted 9-0 Vote Order read once and adopted #290 The Committee on Legal Affairs and Accounts to whom was referred the matter of Reappointment-Beverly License Board George Heller have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 7-2 Vote Councilors Costa and Murray Against Order Read once and adopted #292 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Beverly Planning Board-Patricia Grimes have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 6-3 Vote Councilors Costa, Guanci & Murray against Order read once and adopted #293 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Conservation Commission-Linda Goodenough have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 6-3 vote Councilors Costa, Guanci & Murray against Order read once and adopted #294 The Committee on Legal Affairs and Accounts to whom was referred the matter of Reappointment-Design Review Board-Jennifer Palardy have considered said matter and beg leave to report as follows, to wit: 180 Recommend the Council approve the appointment 7-2 Vote Councilors Costa and Murray against Order read once and adopted #315 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application to sell Christmas Trees, Andy’s, corner of Elliott and Beckford Streets have considered said matter and beg leave to report as follows, to wit: Recommend the permit be granted 9-0 Vote Order read once and adopted #230 The Committee on Public Service and Aid to whom was referred the matter of Communication re Beverly Waste Management have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #277 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass electric for a conduit in Tall Tree Drive have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be Granted 9-0 Vote Order read once and adopted #291 The Committee on Public Service and Aid to whom was referred the matter of Appointment Beverly Cultural Council, Doreen Ushakoff, Brad Waldron, Lou Anne Faria and Elizabeth Lund have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 7-2 Vote Councilors Costa and Murray against Order read once and adopted #297 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Special Police Officers for 2002 Northeast Health Systems have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments 9-0 Vote Order read once and adopted Resolutions: Unfinished Business: #234 Wetlands Protection Ordinance Final Passage Motions and Orders: Meeting adjourned: 9:15 PM Frances A. Macdonald, CMC City Clerk 181