2005-04-19
7;00 PM Public Services Employees
7:30 PM Open Space and Recreation semi annual report
7:45 PM Public Hearing Transfer to Account Library & Dental Clinic
Referred to Finance and Property
Regular Meeting of Beverly City Council 8:00 PM April 19, 2005
Roll Call
: Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Patricia Grimes, Kevin Hobin,
Donald Martin, Maureen Troubetaris, Paul Guanci . Councilor Flaherty was absent
Pledge of Allegiance to the Flag
: Led by Councilor Burke
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of Special Meeting of April 2, 2005 and Regular Meeting April 4, 2005
Communications from His Honor the Mayor
:
#106
Communication from Mayor relative to High School Reconstruction Project
Receive and Place on File
Communications from other City Officers and Boards
#36A
Comm. from Planning relative to restrictions for the rezoning of 29 Rantoul and 8 School Street
Receive and Place on File
#107
Communication from Open Space and Recreation Committee-request for Conservation Restriction for public land
associated with Norwood Pond
Refer to Finance and Property and Legal Affairs
#103A
Communication from Planning relative to setting Joint Public Hearing for request to rezone 6.5 acres of land on Brimbal
Ave. and Sohier Road
Refer to Legal Affairs
#105A
Communication from Planning relative to setting Joint Public Hearing for request for Open Space Residential Design
Site Plan Ordinance
Refer to Legal Affairs
#108
April 14, 2005
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
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Re: Parking Ordinance change request, Rantoul Street
We have received requests from some businesses and other people to change the 1-hour parking to 2-hour parking on
Rantoul Street, between Bow Street and Federal Streets, both sides. We looked into these requests and we concur
with them.
Please take the necessary action to amend Chapters 14, Section 125 & 126 as follows:
Delete: Sec. 14-125, (a), One-hour parking
Rantoul Street, easterly side, from Broadway to two hundred eight (208) feet south of Roundy Street.
Rantoul Street, westerly side, from Broadway to seventy-two (72) feet north of Creek Street.
Delete: Sec. 14-125, (b), in it’s entirely
Add: Sec. 14-125 (a), One-hour parking
Rantoul Street, both sides, from Broadway to Bow Street.
Rantoul Street, easterly side, from Federal Street to two hundred eight (208) feet south of Roundy Street.
Rantoul Street, westerly side, from Federal Street to Creek Street.
Add: Sec. 14-126 (a), Two-hour parking
Rantoul Street, both sides, from Bow Street to Federal Street.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
Communications, Applications and Petitions:
#109
Request from River House for Funding
Receive and Place on File
Refer to Mayor
#110
Request by ”The Beverly Farms Twelve” artist group to waive city Ordinance Sec 15-10 Alcoholic Beverages in public building
for event May 5, 2005
Refer to Legal Affairs
#111
Request for City owned land be declared available for disposition.
Refer to Finance and Property
#112
Comm. from T. Zigelbaum relative to Goldberg Properties
Receive and Place on File
#113
Request for waiver of Ordinance Sec 15-10 Alcoholic Beverages in public building for event at Beverly Farms Library on July 7,
2005 from 6:00PM to 8:00 PM
Refer to Legal Affairs
Reports from Committees:
#70
The Committee on the Whole to whom was referred the matter of request for Engineer to appear before City Council
Quarterly have considered said matter and beg leave to report as follows, to wit:
Refer to Legal Affairs
Order read once and adopted 8-0 Vote
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#72
The Committee on Finance and Property to whom was referred the matter of funding for BHS 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 hold a Public Hearing on Monday, May 16, 2005, at 7:00 PM in Council Chambers,
Third Floor, 191 Cabot Street, Beverly, MA relative to an appropriation in the amount of sixty million, ($60 Million)
dollars for constructing, equipping and furnishing a new high school.
Ordered: that $60,000,000 is appropriated for constructing, equipping and furnishing a new high school,
including the cost of architectural services for plans and specifications related thereto; that to meet this appropriation
$1,000,000 shall be transferred from the unspent proceeds of the City’s Municipal Purpose Loan of 2003 Bonds dated
November 1, 2003, which unspent proceeds relate to the $11,437,000 portion of such bonds issued under G.L. c.70B
and Order No. 241 of the City Council approved on June 19, 2002, and the Treasurer with the approval of the Mayor
and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $60,000,000
under Chapter 44 of the General Laws, Chapter 70B of the General Laws or any other enabling authority; provided,
however, that no expenditures shall be made pursuant to this order, except for up to $3,600,000 for planning and other
preliminary expenses, and no construction contract for the project shall be awarded until plans for the project have been
presented to and approved by the City Council; that the Treasurer is authorized to file an application to qualify under
Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents
as may be required for these purposes; and that any bonds or notes issued pursuant to this order shall be certified in
writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected
by the Committee on Finance and Property.
First Passage: April 19, 2005
Public Hearing May 16, 2005
Final Passage May 16, 2005
Order read once and adopted 8-0 Vote
#90
The Committee on Finance and Property to whom was referred the matter of transfer to accounts 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 to account of $72,800 from Reserve for Unforeseen and $42,000
from Donations Revenue Account to accounts as follows:
One Hundred thousand dollars to account Beverly Public Library
Fourteen Thousand Eight Hundred Dollars to account Beverly Dental Clinic
Said sums of money to be expended under the direction of the respective Department Heads.
First Passage: April 4, 2005
Public Hearing: April 19, 2005
Final Passage: April 19, 2005
Order read once and adopted 8-0 Vote
#26A
The Committee on Legal Affairs to whom was referred the matter of original OSRD Filing 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
#36
The Committee on Legal Affairs to whom was referred the matter of Request for Zoning Change Rantoul and School
have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
57
Ordered: That the City Council approve the request of Goldberg Properties to change zoning for the following
properties:
29 Rantoul Street, Map 005, Lot 008 from RHD to CC
8 School Street, Map 005, Lot 007 from RHD to CC
And be it further ordered that the heights of new buildings on the combined properties be limited to a maximum of forty-
five (45) feet, and that at least ten (10) percent of new residential units on the combined properties be deemed
affordable in perpetuity, in accordance with the Massachusetts Department of Housing and Community Development
requirements for affordable housing.
Order read once and adopted 8-0 Vote
#78
The Committee on Legal Affairs to whom was referred the matter of ordinance re Erosion/Sediment control and
materials management have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
In the year two thousand and five
An Ordinance Amending an ordinance entitled “Public Works” Erosion/Sediment Control and Materials Management
Ordinance
Be it ordained by the city council of the City of Beverly, as follows, to wit:
AMEND Chapter 20 of the Revised City Ordinances by adding an Article VII entitled “Erosion/Sediment Control and
Materials Management Ordinance” as follows:
Ordinance read once and Referred back to committee 8-0 Vote
#91
The Committee on Legal Affairs to whom was referred the matter of Appointment-Planning Board of Charles Harris
have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 8-0 Vote
#95
The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly License Board of Ronald
Ranta have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 8-0 Vote
#98
The Committee on Legal Affairs to whom was referred the matter of Appointment-Constables of Robert Bradley and
John Ruehwein have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointments
Order read once and adopted 8-0 Vote
#104
The Committee on Legal Affairs to whom was referred the matter of Ordinance relative to Litter 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 five
An Ordinance Amending an ordinance entitled Offences and Miscellaneous Provisions re Litter
58
Be it ordained by the City Council of the City of Beverly as follows, to wit:
AMEND Chapter 15 of the Revised City Ordinances by adding Sec. 15-5A Litter as follows:
Sec. 15-5A. Litter
Whenever any public area, paved or unpaved, landscaped or unlandscaped adjoins private property on any street,
avenue, road, lane, court, square, way, or other similar area no matter how named, it shall be the duty of the lot
occupier of such private property, or if such private property shall be unoccupied, the duty of its owner, to keep such
public area free of all discarded cans and bottles, litter, debris, paper or other refuse. Failure by such occupier or owner
to comply with this section shall in the first instance result in a written warning; in the second instance shall result in a
$100.00 fine; and for any subsequent offense shall result in a $250.00 fine. Each day of noncompliance with this
ordinance shall be a separate offense.
All building inspectors and all health department agents of the City, in addition to police officers, shall be enforcing
persons for this section.
Ordinance read once and held for final passage as per charter provisions 7-1 Vote Councilor Martin Against
#110
The Committee on Legal Affairs to whom was referred the matter of Waiver of Alcohol Ordinance 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 waive Section 15-10 of the City Ordinance relative to consumption of alcoholic
beverages in public buildings as per the request of The Beverly Farms Twelve for a reception at the Beverly Farms
Library on May 5, 2005 from 6:00 pm to 8:00 PM.
Order read once and adopted 8-0 Vote
#113
The Committee on Legal Affairs to whom was referred the matter of Waiver of Alcohol Ordinance 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 waive Section 15-10 of the City Ordinance relative to consumption of alcoholic
beverages in public buildings as per the request of Heather Johnson Reid for an art reception at the Beverly Farms
Library on July 7, 2005 from 6:00 pm to 8:00 PM.
Order read once and adopted 8-0 Vote
#93
The Committee on Public Services to whom was referred the matter of Appointment to Solid Waste Managemet
Committee of Beatrice Mendez considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 8-0 Vote
#94
The Committee on Public Services to whom was referred the matter of appointment Solid Waste Management
Committee of Toni Musante, Barbara Papish, Mary Rodrick and John Swaine have considered said matter and beg
leave to report as follows, to wit:
Recommend the council approve the appointments
Order read once and adopted 8-0 Vote
#96
The Committee on Public Services to whom was referred the matter of appointment to Open Space Committee have
considered said matter and beg leave to report a follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
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Unfinished Business:
#79 Ordinance MV & T two hour parking-Fayette Street
#80 Ordinance MV & T Special traffic control devices Conant and Dodge
Resolutions:
# 114 Department of Public Services
# 115 Frances F. Alexander
# 116 Lynne Ferreira Barrett
Motions and Orders:
#117
By Councilor Costa:
Ordered: That the Mayor, Police Chief and the Building Commission consider converting the McDonald's building on
the waterfront into a Police sub-station for the purposes of housing the:
Detectives unit
Domestic violence unit
Traffic Department
Police legal Department
This conversion would save over $100,000. dollars in rent over a 3 yr. period at the Odd Fellows building and would
conform to the Matrix report suggesting more Police presence in the community.
Refer to Public Services
#118
By Councilor Burke:
Ordered: That William Squibb, 509 Cabot Street, Beverly, MA be reappointed as the Ward Three Representative to the
Open Space and Recreation Commission.
Recommend approval of the appointment 8-0 Vote
#119
By Councilor Coughlin:
Ordered: That the Police Dept. appear before the City Council regarding a follow up report of the Matrix study in the
spring of the years 2008 and 2012.
Refer to Public Services
#120
By Councilors Guanci, Coughlin and Hobin:
Ordered: Presentation of the 2005 Version of the Rules and Regulations of the City Council
Refer to the Committee of the Whole
Meeting adjourned: 10:10 PM Frances A. Macdonald, CMC
City Clerk
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