2003-11-036:40 PM Rosemary Maglio
6:50 PM Renee Mary
7:00 PM Kerry Healey-Lieutenant Governor
Regular Meeting of Beverly City Council Nov. 3, 2003Regular Meeting of Beverly City Council Nov. 3, 2003
Roll Call
:
Councilors Present: Ronald Costa, William Coughlin, Timothy Flaherty,
Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris,
Paul Guanci
Pledge of Allegiance to the Flag
: Led by Councilor Troubetaris
Appointments:
Acceptance of Minutes of Previous Meeting:
Meetings of October 20, 2003
Communications from His Honor the Mayor
:
#320
Nov. 3, 2003
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
I enclose for your review and consideration a letter over the signature of John Archer, 271
Cabot St. Beverly for the Beverly Emergency Shelter Coalition which proposes to open the
shelter at the McDonald’s property on Water Street from Dec. 1, 2003 through April 15, 2003.
I support this request subject to the provision that the Coalition will be responsible for all
operating costs of the shelter.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#321
Nov. 3, 2003
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Joanne Flannery, 14
Goodyear Street, Beverly, MA to serve as a member of the Beverly Cultural Arts Council.
Her term will be effective until April 30, 2006.
Attached is a copy of her resume.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
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#322
Nov. 3, 2003
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Gail Pike Hercher, 6
Columbus Avenue Beverly, MA to serve as a member of the Beverly Cultural Arts Council.
Her term will be effective until April 30, 2006.
Attached is a copy of her resume.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
#323
November 3, 2003
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
At this time of the fiscal year, you are required to hold a public hearing for the purpose of
establishing the tax classifications for the City of Beverly.
Therefore I recommend that the City Council hold a public hearing on Monday, November
17, 2003 relative to the allocation of FY tax levy percentages among the four classes of real
and personal property and consideration of adoption of open space, residential and small
commercial exemptions.
At that public hearing the Board of Assessors, the Finance Director and I will present options to
you for your consideration.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
Communications from other City Officers and Boards
#324
Honorable City Council
c/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Request for Stop Signs
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts
General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of
Beverly, we request the following stop signs;
1. Balsam Drive, Southwest bound drivers on Balsam Drive at Shannon Lane.
ADD:
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2. Fern Street, Southeast bound drivers on Fern Street at Holly Lane.
3. Holly Lane, Northeast bound drivers on Holly Lane at Fern Street.
4. Shannon Lane, Southeast bound drivers on Shannon Lane at
Independence Circle.
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Safety Officer
Refer to Legal Affairs and Accounts
#325
October 27, 2003
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: River Street, remove the DO NOT ENTER 7am-9am
We have been working with Councilor Costa, Ward 2, to get the DO NOT ENTER 7:00 a.m.
to 9:00 a.m. Monday through Friday on River Street at Pleasant Street removed.
Please take the necessary action to delete Chapter 14, Section 94 (d) (3), DO NOT
ENTER as follows:
(d) (3) 7:00 a.m. to 9:00 a.m. River Street at Pleasant Street, Monday through
DELETE:
Friday.
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Safety Officer
Refer to Legal Affairs and Accounts
#326
October 24, 2003
Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Honorable Council Members:
Enclosed herewith for your review and consideration, please find a proposed revision to
Beverly City Ordinance, Chapter 10, Article III. Demolition of Historically Significant
Buildings, Section 10-41, 10-43, and 10-47 relative to Historic Buildings prepared by the
Planning Department with review by the Beverly Historic District Commission.
The primary intent of this proposed revision is to change the current 6-month delay to a
12-month delay. This delay would only apply to a relatively small number of
exceptionally significant structures. This change to 12 months has been considered by
the Planning Department and the Historic District Commission to be crucial in preserving
historically significant structures that are important to Beverly’s history and culture as it
would allow developers an extended time period to consider thought-provoking
preservation options.
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To provide the Council with information for its consideration, please find the attached
documentation:
1. A Summary which offers a breakdown of the municipalities in the
Commonwealth that have Demolition Delay Ordinances and the delay
period (Attachment “A”);
2. Photographic documentation of the Beverly Historic District Commission’s
actions related to the Demolition Delay Ordinance (Attachment “B”);
3. A Summary of the Proposed Amendment (Attachment “C”);
4. Language for the proposed amendment; the red text is the new language
that is being proposed and the black strikeout will be deleted (Attachment
“D”).
The Planning Department and the Historic District Commission would be happy to review
this proposed amendment of the Ordinance with the Council.
If you have any questions or if you desire further information, please do not hesitate to
contact me in the Planning Department.
Respectfully submitted,
Debra A. Hurlburt, Director
Planning & Development Department
Refer to Legal Affairs and Accounts
#327
October 27, 2003
Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Dear Council Members:
As you are well aware, the City Council received a petition for bus service signed by 40
residents at Cedar Street Apartments. This petition was submitted also to the Mayor’s
Office and the Planning Department on or about September 29, 2003. This letter is to
inform you that the City has moved forward with the Cape Ann Transportation Authority
and will be adding Cedar Street Apartments on the Beverly Shopper’s Shuttle regular
route beginning November 3, 2003.
I have attached for your information a copy of that schedule. If you have any questions
or if you desire further information, please do not hesitate to contact me in the Planning
Department.
Respectfully,
Debra A. Hurlburt, Director
Planning & Development Department
Receive and Place on File
#328
November 3, 2003
Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Dear Council Members:
Attached please find proposed City Ordinance, Section 18-54, entitled “Drainage
Alteration Permit”. This new ordinance is proposed as being a way to address lots that
would not necessitate review by the Planning Board or the Conservation Commission.
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As you are award, topographic changes to any lot can often affect abutter’s property
by runoff. This runoff can sometimes exacerbate problems such as flooding, siltation and
erosion. The City currently has regulations in place that address most of these problems
through subdivision control, special permits, and/or the city and state’s wetlands
protection regulations.
This ordinance is intended to address the lots that do not trigger Planning Board or
Conservation Commission review. In my tenure at Beverly City Hall, I have heard from
some residents that have encountered such a scenario and were frustrated that there
were no review procedures from city agencies in place. This ordinance is proposed to
help address the problem. The proposed Drainage Alteration Permit would allow the
City Engineer to review any proposed change in grade of two (2) feet or more and
ensure that runoff is limited.
I have asked and received input of this proposed ordinance from the City Solicitor, City
Engineer, Building Commissioner and the Director of Public Services; and the attached
document is the result of their input.
If you have any questions or if you desire additional information, please do not hesitate
to contact me in the Planning Department.
Respectfully submitted,
Debra A. Hurlburt, Director
Planning & Development Department
Refer to Legal Affairs and Accounts
#329
November 3, 2003
City Clerk
Beverly City Council
191 Cabot Street
Beverly, MA 01915
Dear Madame Clerk:
I am pleased to submit to you, for the consideration of the City Council, the Final Report
or the Ordinance Review Committee.
The Final Report is in the form of a proposed ordinance to be put before the City Council
at the earliest possible opportunity.
The persons whose names are listed on the cover sheet of the Report, as the members of
the committee, have developed the material contained in this Report, over a two-year
period. We began this task shortly after the council organized in early 2002, and we are
pleased to have completed our work before the term of this city council expires. I am
proud of the work which has been produced by the individual members who have been
so dedicated to the task.
Respectfully submitted
Paul Guanci, Chair
Referred to Legal Affairs and Accounts
#330
November 3, 2003
Honorable City Council
191 Cabot Street
Beverly, MA
Dear Honorable City Council:
It is the Conservations Commission’s understanding that the parcel Map 72, Lott 22 Parcel
B is being offered as a donation to the City by Mr. Anthony Jack. It is also understood
186
that as part of the Planning Board ANR approval, a no-build stipulation has been placed
over the property in perpetuity. With this in mind, this letter comes as a request for the
Council to consider placing this parcel under the care and custody of the Conservation
Commission as this 8-acre property in large measure is wetland mixed with forested
upland. This area no doubt provides valuable wildlife habitat and would come as a
welcome addition to the Conservation Commission’s open space inventory.
Thank you for your time and attention in this matter.
Sincerely,
David Lang, Chairman
Referred to Finance and Property
Communications, Applications and Petitions:
#331
Comm. from MassDevelopment Finance Agency re Northshore Education Consortium
Refer to Receive and Place on File
#332
Comm. from Tony and Ellen Jack re donation of land on Wood Lane
Refer to Finance and Property
#333
Comm. re Edwards School
Refer to Receive and Place on File
#334
Comm. from Duke Energy re Hubline Project
Refer to Public Service and Aid
#335
Application-Sale of Christmas Trees, Dick & Junes, 289 Elliott Street
Refer to Legal Affairs and Accounts
#336
Environmental Notification Form-Hilltop Estates
Refer to Legal Affairs and Accounts
Reports from Committees
:
#295
The Committee on Finance and Property to whom was referred the matter of
Communication re early retirement-George White have considered said matter and beg
leave to report as follows, to wit:
187
Receive and Place on File
9-0 Vote
Order read once and adopted
#298
The Committee on Finance and Property to whom was referred the matter of Transfer
from Insurance Account have considered said matter and beg leave to report as follows,
to wit:
Submit the Accompanying order and recommend its adoption
Committee vote was 2-1 with Councilor Martin voting against
Ordered: That the City Council of the City of Beverly approve the Mayor’s request for an
Interdepartmental Transfers from the Insurance Account in the Clerk of Committee’s
Budget to the accounts listed below:
11351/51134 Accounting –Principal Clerk $ 4,321.00
11451/51138 Collector- Senior Clerk 20,011.50
11351/51105 Finance Director 9,000.00
12451/51304 Electrical – PT Inspections Clerk 9,073.50
12451/51105 Electrical – Electrician Stipend 12,750.00
15411/51186 COA –Custodian 6,295.50
15411/51699 COA- Part Time Staff 20,919.00
15411/51199 COA- Full Time Staff 2,076.00
12951/51138 Harbor Master – Senior Clerk 15,000.00
Various Wellness program 5,182.00
TOTAL $104,628.50
First Passage: October 6, 2003
Public Hearing October 20, 2003
Final Passage:
Order read once and referred back to Finance and Property
#309
The Committee on Finance and Property to whom was referred the matter of
Communication re North Shore Home Consortium (15 Broadway) 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 Mayor for a NFI
Massachusetts, Inc. loan in the amount of $75,000 for the acquisition and renovation of
the property located at 15 Broadway, which will provide for a 8-unit affordable group
housing project.
8-1 Vote Costa voting against
Order read once and adopted
#312
The Committee on Finance and Property to whom was referred the matter of Transfer
Street Opening Escrow Account 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, November 17,
2003 at 7:50 PM in Council Chambers, 191 Cabot Street, Beverly MA relative to a transfer
of funds from Street Opening Escrow Account to the Public Works Maintenance Account
in the amount of $8,000.00.
First Passage: Oct. 20, 2003
Public Hearing: November 17, 2003
Final Passage: Nov. 17, 2003
9-0 Vote
Order read once and adopted
188
#323
The Committee on Finance and Property to whom was referred the matter of Setting of
Tax Classification 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, November 17, 2003 at 7:30 PM in Council Chambers, third floor, City Hall, 191
Cabot Street, Beverly, MA relative to the setting of tax classifications relative to the
allocation of FY 2004 tax levy percentages among the four classes of real and personal
property and consideration of adoption of open space, residential and small
commercial exemptions.
9-0 Vote
Order read once and adopted
#308
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment- Constable – Paul Minsky have considered said matter and beg leave to
report as follows, to wit:
Recommend the Council approve the appointment
9-0 Vote
Order read once and adopted
#311
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Settlement Agreement and Release have considered said matter and beg leave to
report as follows, to wit:
Ordered: That the City Council authorize the Mayor to sign the attached settlement
agreement and release relative to a claim by Linda Giallongo.
9-0 Vote
Order read once and adopted
#313
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re FY04 Municipal Recycling Grant 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
#315
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Amusement Device Licenses, Italian Community Center 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
#294
The Committee on Public Service and Aid to whom was referred the matter of
Communication from Beautification re Removal of Live Trees have considered said
matter and beg leave to report as follows, to wit:
189
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve the request of the Beautification Committee for
the removal of live trees at 191 Cabot Street
9-0 Vote
Order read once and adopted
#306
The Committee on Public Service and Aid to whom was referred the matter of
Communication re clean up of Lawrence Brook Project 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
Unfinished Business:
Final Passage: #258 Ordinance MV & T No Parking Newbury Street Extension
#301 Ordinance MV & T Stop Sign Goat Hill Lane and Cox Court
#302 Ordinance MV & T One Way Street-Goat Hill Lane
Resolutions:
Motions and Orders:
#337
By Councilors Morency and Flaherty
Ordered: That the Health Agent and Purchasing Agent contact their colleagues in
Salem, Peabody and Danvers to explore the possibility of setting up a Drug Purchasing
Consortium for the Canadian Market, with the approval and support of the Mayor.
Referred to Public Service and Aid
#338
By Councilor Guanci:
That the Mayor and the City Council meet in executive session to discuss the ongoing
investigation of the missing Axcelis money, on Monday November 10, 2003 as the
Committee of the Whole at 7:45 PM
Referred to the Committee of the Whole
Meeting adjourned: 9:05 PM Frances A. Macdonald, CMC
City Clerk
190