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2-004-12-06 6:15 PM Public Hearing-Appropriation of State Funds Refer to Finance and Property 6:30 PM Public Hearing-Allocation of FY05 Tax Levy Percentages Refer to Finance and Property 7:00 PM Public Hearing-Ordinance-Zoning-Open Space Residential Design Recess until January 4, 2005 at 7:00 PM 7:45 PM John Blodgett re open Meeting Law Regular Meeting of Beverly City Council 8:00 PM DECEMBER 6, 2004 Roll Call Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy : Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Martin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of November 20, 2004 Communications from His Honor the Mayor : #342 December 6, 2004 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 properties owned as follows: Mr. and Mrs. John Tanzella – 29 Eastern Avenue Also attached are communications from Community Development Manager, William O’Hare, concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #342 A December 6, 2004 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 properties owned as follows: Mr. and Mrs. Thomas Wright – 3 Madison Avenue 202 Also attached are communications from Community Development Manager, William O’Hare, concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #343 December 6, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In order to update the terms of the Commissioners of Trust Funds, I hereby reappoint the following Commissioners as follows: Mr. William Howard 2 Sylvester Avenue Effective until December 31, 2005 Mr. Lawrence M. Smith, Chairman 86 Grover Street Effective until December 31, 2006 Mr. John Putney 29 Berrywood Lane Effective until December 31, 2006 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #344 December 6, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Michele J. Kenna, 9 Pine Road, Beverly, MA 01915, to serve as a member of the Beverly Cultural Council. Her term will be effective until April 30, 2007. Very truly yours, William F. Scanlon, Mayor Refer to Public Services #345 December 6, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 203 I hereby appoint as Special Police Officers, subject to your review and recommendation, the attached list of Beverly Traffic Supervisors. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from other City Officers and Boards #346 December 1, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Bradford Road, no parking northerly side The only residents of Bradford Road, the DiPaolo Family, have asked us to help with the parking on that short street. When Memorial Middle School has large gatherings and at other times of the year, vehicles park on both sides of Bradford Road and they can’t get in and out of their driveway. They also fear if an emergency occurred Fire Trucks, Ambulances or Police Vehicles would not be able to access their street. Please take the necessary action to amend Chapter 14, Section 120 as follows: ADD: Sec. 14-120 Parking prohibited at all times Bradford Road, northerly side Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs and Accounts #347 City Council 191 Cabot St. Beverly, MA 01915 RE Beverly Zoning Ordinance Fines and Penalties Dear Honorable Council: Chapter 29-28C of the Beverly Zoning Ordinance states at paragraph 2 that a person’s “Failure to comply with any provisions of the Ordinance or with any specific conditions and safeguards established by the Board of Appeals in granting a variance or Special Permit, shall cause the violator be liable for a fine not to exceed $50.00 for each day such violation continues unabated after the remedy of same is ordered by the Building Inspector.” I believe that $50 per day is not a sufficient penalty to convince some businesses or individuals to refrain from daily violations of the Zoning Ordinance. Therefore, I am requesting this Honorable Council amend Chapter 29-28D 2 by changing the maximum fine from $50 per day to $400.00 per day. Respectfully submitted, Robert Nelson, Building Commissioner/Zoning Officer Refer to Legal Affairs 204 #348 Request from City Solicitor Roy Gelineau for Executive Session tonight for the purpose of discussing pending litigation. Receive and Place on File Communications, Applications and Petitions: #349 Claim-William Hunt Receive and Place on File Refer to City Solicitor #350 Petition-Mass Electric conduit and underground equipment pole 942 on Dodge Street across from North Beverly Plaza Refer to Public Services #351 Comm. relative to donation to Public Employee Retirement Administration Commission Receive and Place on File Reports from Committees: #309 The Committee on Finance and Property to whom was referred the matter of Acceptance of MGL Cha 32B Sec. 18 have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly accept MGL Chapter 32B, Section 18 which is a local option law relating to Medicare Extension Plans, specifically, mandatory enrolment in Medicare Part B 6-2 Roll Call Vote Councilor Coughlin Recused Order read once and Adopted : For: Burke, Flaherty, Grimes, Hobin, Troubetaris, Guanci Roll Call Vote Against: Costa, Martin #329 The Committee on Finance and Property to whom was referred the matter of Appropriation of State funds 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 following appropriations: 1) $250,000 appropriated to the operating budget of the Beverly Public Schools. This would be the sum of the $150,000 in fuel savings that could not be realized because of the inability to convert the school boilers to dual fuel use and the $100,000 in additional appropriation that had been previously discussed with the City Council during the spring budget process. 205 2) The balance of $89,985 to be appropriated to the Reserve for Unforeseen where it would be available for any future needs during FY 2005. This would increase the balance in the reserve account to $215,082. First Passage: Nov. 15, 2004 Public Hearing: Dec. 6, 2004 Final Passage: Dec. 6, 2004 8-1 Vote Costa Against Order read once and adopted #334 The Committee on Finance and Property to whom was referred the matter of Allocation of FY05 Tax Levy Percentages 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 approve the following: 1. That the City NOT accept Open Space Exemptions 2. That the City ACCEPT that the Minimum Residential Factor for calculation of the FY05 Tax Rate be set at .900669 1.70 Shift First Passage: Nov. 15, 2004 Public Hearing: Dec. 6, 2004 Final Passage: Dec. 6, 2004 9-0 Vote Order read once and adopted #325 The Committee on Legal Affairs to whom was referred the matter of application for Class II MVDL-DiBacco’s Service Center have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted for eight (8) Cars 9-0 Vote Order read once and adopted #327 The Committee on Legal Affairs to whom was referred the matter of Amendment to Rules and Orders of Council have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The Rules and Orders of City Council as adopted pursuant to Section 2-6 (c) of the Beverly Home Rule Charter are amended by the insertion of the following new Rule following Rule 21: Rule 21A. There shall be a Committee of the Whole which shall consist of the entire membership of the Council. Five members shall constitute a quorum for the transaction of business, but a smaller number may meet and recess or adjourn the meeting. Whenever a member shall object to referral pursuant to Rule 26 of any matter to any standing or special committee of the Council on the grounds that the matter has been insufficiently discussed to permit effective action by such standing or special committee, the President may, prior to such referral to a standing or special committee, refer the matter to the Committee of the Whole for the purpose of additional discussion. Notwithstanding such objection, and, further, notwithstanding the decision of the President regarding referral to the Committee, the Council, by majority vote of those members present, may make or may prevent such referral to the Committee of the Whole. The President may preside at a meeting of the Committee of the Whole or may appoint another member to so preside, provided that the same individual shall preside for the entirety of any meeting, and, provided further, that the presiding officer of the Committee of the Whole may participate in discussion as fully as any other member. The Committee of the Whole shall receive no business except referrals pursuant to this Rule. 206 Further, the Committee of the Whole shall take no action except to discuss matters referred pursuant to this Rule, to conduct public hearings regarding matters referred pursuant to this Rule, if the majority of the Committee of the Whole shall determine that such a hearing would assist the consideration of a matter, and, upon completion of discussion, to refer a matter back to the Council for further disposition pursuant to these Rules 7-2 Vote Coughlin, Guanci Voted against Order read once and adopted #335 The Committee on Legal Affairs to whom was referred the matter of Ordinance Administration re Board of Assessors of taxes 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 Four On Ordinance Amending an ordinance entitled Administration, Board of Assessors of Taxes Be it ordained by the City Council of the City of Beverly as follows: ADD: Division 3A Tax Agreements for Affordable Housing Section 2-333 Intent and Purpose Section 2-334 Authority to Negotiate Tax Agreements: Approval of the City Council Section 2-335 Delegation of Authority Section 2-333 Intent and Purpose Having determined that it is desirable for the City of Beverly to have an adequate stock of affordable housing and that the City of Beverly should encourage the development of affordable housing for its citizens, it is hereby declared to be the policy of the City of Beverly that, in the appropriate circumstances, the City of Beverly may enter into agreements with developers of affordable housing for the payment of outstanding property taxes, as authorized under the provisions of Massachusetts General Laws c. 58, s. 8C, as it may be amended from time to time. Section 2-334 Authority to Negotiate Tax Agreements: Approval by the City Council The Mayor is authorized to negotiate agreements for the payment of outstanding property taxes by persons or entities seeking to develop affordable housing on the parcels for which such taxes are owed. Such agreements shall comply in all respects with the requirements established in Massachusetts General Laws c. 58, s. 8C, as it may be amended from time to time. Any such agreement shall be subject to approval by the City Council. Section 2-335 Delegation of Authority The Mayor may delegate the authority granted hereunder to any one or more of the following: the Director of Municipal Finance of the City of Beverly or the Chief Assessor. Such delegation of authority shall be in writing, with notice to the City Council, and shall remain en effect until it is revoked in writing by the Mayor. Ordinance to take effect upon passage according to City Charter First Passage: Dec. 6, 2004 Final Passage: Dec. 20, 2004 9-0 Vote Ordinance read once and held for final passage as per charter provisions #340 207 The Committee on Legal Affairs to whom was referred the matter of Ordinance Administration relative to ECDC 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 2004 An ordinance amending an ordinance relative to Economic and Community Development Council Be it ordained by the City Council of the City of Beverly as follows: That Chapter 2 entitled Administration, Article 4 Division 9 be amended as follows: DIVISION 9. ECONOMIC AND COMMUNITY DEVELOPMENT COUNCIL Sec. 2-436. I Establishment; composition and appointment. There is hereby established an economic and community development council. The council shall consist of eleven (11) members. The members shall be appointed as follows: (1) Appointed ex officio; the mayor, the Director of Public Services or his designee, the planning director; and the community development director. (2) Appointed by the mayor and coterminous with the mayor; members at large one (1) each with: industrial experience, financial investment experience; commercial experience; a representative of the chamber of commerce, and two (2) members of the community. (3) The City Council shall elect, by a majority vote, a member of its own number. (4) Additional community members may be appointed by the mayor on an as needed basis to staff ad hoc committees. Members of the ad hoc committees will serve on an ex-officio (non-voting) basis. (Rev. Ords. 1973, § 2-106; Ord. No. 548, 12-6-93; Ord. No. 258, 6-1995) Cross reference-Planning, Ch. 18. State law reference-Municipal authority to establish development and industrial commission, M.G.L. c. 40, § 8A. Sec. 2-437. Purpose. The economic and community development council shall formulate, under the auspices of the mayor, a community and economic development policy. The council shall provide a vehicle for coordination and communication between all development agencies and officials, city departments, commissions and boards, and the mayor's office in order to ensure a timely governmental response to development issues, opportunities and problems. The use of ad hoc committees is allowed in that they can perform studies and make recommendations to the voting members of the economic and community development council. (Rev. Ords. 1973, § 2-107; Ord. No. 258, 6-1995) Sec. 2-438. Staff. The city planner shall provide staff assistance to the economic and community development council, as requested by that body. (Rev. Ords. 1973, § 2-108) Sec. 2-439. Election of chairman and vice chairman. 208 The economic and community development council shall meet and organize and shall annually elect from among the members a chairman and vice chairman. (Rev. Ords. 1973, § 2-109) Ordinance read once and the vote was postponed for two weeks as per request of 8-1 Vote Councilor Burke #342 The Committee on Legal Affairs to whom was referred the matter of Subordination Agreement John Tanzella have considered said matter and beg leave to report as follows, to wit: 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 of Mortgage for Mr. & Mrs. John Tanzella for property at 29 Eastern Avenue, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #342A The Committee on Legal Affairs to whom was referred the matter of Subordination Thomas Wright have considered said matter and beg leave to report as follows, to wit: 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 of Mortgage for Mr. & Mrs. Thomas Wright for property at 3 Madison Avenue, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #305 The Committee on Public Services to whom was referred the matter of communication re water bill of Paul Robinson 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 #320 The Committee on Public Services to whom was referred the matter of request for live tree removal, 46 Chase Street 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 #336 The Committee on Public Services to whom was referred the matter of Communication re Residential Trash Fee have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 209 9-0 Vote Order read once and adopted #350 The Committee on Public Services to whom was referred the matter of Petition of Mass Electric for installation of 1-3” pvc conduit in 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 will hold a Public Hearing on Monday, December 20, 2004 at 7:58 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, MA 01915 relative to a petition of Mass Electric for the installation of 1 3” conduit and miscellaneous underground equipment at Pole 942 on Dodge Street opposite the North Beverly Shopping Plaza. 9-0 Vote Order read once and adopted Unfinished Business: #324 Ordinance MV & T One Way Street and Obedience to Stop Signs Goat Hill Lane Resolutions: #352 Resolution-Eagle Scout Benjamin Kilham #353 Resolution-Eagle Scout Adam Fullerton Motions and Orders: #354 By Councilor Burke: Ordered: That the City Council invite Frank Killilea and Peter Seamans of the Engineering Dept. to appear before the council to discuss the contract with JRM Hauling and Recycling Services, Inc. amend to read and invite JRM representative to Comm. of whole Jan. 11, 2005 Refer to Committee of the Whole #355 By Councilor Coughlin: Ordered: Be it resolved that the City of Beverly acknowledge the dedication ceremony held at the Phillips Estate on November 21, 2004 honoring the late Dominic Manzoli for his enduring work in protecting the environment and water supply at Wenham Lake for the protection of all citizens in Beverly and Salem. 9-0 Vote Order read once and adopted #356 By Councilor Costa: Ordered: That a representative from Mass Electric be invited in to explain why power outages keep on occurring. 9-0 Vote Order read once and adopted 210 #357 By Councilors Burke and Hobin: A Resolution: Whereas, the Beverly City Council, by majority vote of its members, recognizes that the city is negotiating with union representatives to the contribution percentage of health insurance premiums paid by active municipal employees. Whereas, the Beverly City Council, by majority vote of its members, wishes to declare its support for the preservation of the current retiree health insurance contribution percentage rates for Medicare supplement plans. Now be it resolved, that the Beverly City Council wishes to express its opposition to any attempt to raise health insurance contribution percentage rates for retirees enrolled in Medicare B above the levels in effect at July 1, 2004. And be it further resolved, that a copy of this resolution be sent to the Mayor of the City of Beverly, the Solicitor of the City of Beverly, and all retirees. 6-2 Vote Martin and Costa voted against Order read once and adopted Meeting adjourned: 10:25 PM Frances A. Macdonald, CMC City Clerk 211