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2003-01-06730 PM #414 Public Hearing Loan Order Drainage Projects Referred to Finance and Property 745 PM #411 Public Hearing Loan Order Beverly Golf and Tennis Remodeling Referred to Finance and Property 756 PM #417 Public Hearing Petition of New England Power Refer to Public Service and Aid 758 PM #416 Public Hearing Petition of Mass Electric Refer to Public Service and Aid Regular Meeting ofCity Council Jan. 6, Roll Call 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 Flaherty Appointments Acceptance of Minutes of Previous Meeting Meeting of December 16, 2002 Communications from His Honor the Mayor #1 January 6, 2003 Beverly City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby appoint, subject to your review and recommendation, Mr. Paul Knight, 5 Garden Street, Beverly, MA 01915, to serve as an at-large member of the Open Space and Recreation Committee. Mr. Knight shall fill the vacancy caused by the resignation of Mr. Lon Hamor. Mr. Knight s appointment shall be effective until August 31, 2005. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #2 January 6, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 8 Virginia Avenue owned by Mrs. Mary Bucco. Attached is a communication from William O Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #3 January 6, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 20 Cressey Street owned by Mr. And Mrs. Michael Curtis. Attached is a communication from William O Hare, Community Development Manger, concerning this request. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #4 January 6, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 20 Walker Road owned by Mr. And Mrs. Darren Muise. Attached is a communication from William O Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #5 January 6, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council Request is hereby made for a transfer from the HANDICAPPED PARKING FUND (Org. 20377/ Obj. 57000) to a new OTHER EXPENSES line item account in the amount of $l,000.00 for the Office of the A.D.A. Coordinator. At present, the A.D.A. Coordinator has no budget amount for miscellaneous items. The funds requested come directly from monies collected for violations of the handicapped parking spaces in the City. I enclose a copy of a letter from Norman Ganley, Co-Chair of the Beverly Commission on Disabilities requesting that such an account be set up for the use of the Commission and the A.D.A. Coordinator. Very truly yours, Thomas M. Crean, Mayor Refer to Finance and Property #6 January 6, 2002 Beverly City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby appoint, subject to your review and recommendation, the following persons to the Parks and Recreation Commission for 3-year terms expiring December 31, 2005 Lisa McFadden 252 Essex Street Kevin Hobin 6 Gardner Street Lauren Young 32 Lothrop Street. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #7 January 6, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby reappoint, subject to your review and recommendation, Frank Carbone, M. D., 186 Hart Street, to serve as a member of the Beverly Board of Health. Dr. Carbone s appointment shall be for a term of three years expiring on December 31, 2005. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #8 January 6, 2003 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby appoint, subject to your review and recommendation the following persons to the Board of Trustees of the Beverly Public Library, each for a term of three years expiring on January 31, 2006 Kevin O Reilly 6 Mason Street John Young 32 Lothrop Street Joanne Avallon 17 Boyles Street. Very truly yours, Thomas M. Crean, Mayor Refer to Public Service and Aid #9 January 6, 2003 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby appoint, subject to your review and recommendation, the following members to serve on the Mayor s Hurd Stadium Advisory Committee David Sabatini 299 Dodge Street for a 3-year term ending December 31, 2005; Edward Bushey 4 Beverly Commons Drive for a 3-year term ending December 31, 2005; and Lawrence Callahan 20 Liberty Street for a 3-year term ending December 31, 2005. Very truly yours, Thomas M. Crean, Mayor Recommend approval of the appointments #10 January 6, 2003 Beverly City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council Re Request is hereby made to amend Article III. Commission Sec. 3-26 of the Beverly Revised Ordinances as follows In Paragraph (a) of said Sec. 3-26 delete the words, consisting of eleven 11 members , and delete and inserting in place thereof the following Paragraph 2 (b) in its entirety consisting of nine (9) members, seven (7) members of whom shall be appointed, subject to review and recommendation of the City Council, by the Mayor of the City of Beverly and two (2) of whom shall be residents of the Town of Danvers recommended by the Selectmen of the Town of Danvers; however, these appointment of Danvers members shall be made solely in the discretion of the Mayor and City Council as provided for in the City Charter. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #11 January 6, 2003 Beverly City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby request that your Honorable Council adopt an Order authorizing the City to borrow $60 Million Dollars for a new Beverly High School. Said borrowing not to be implemented unless Proposition 2½ debt exclusion for that purpose has been duly passed by the voters of the City of Beverly. Very truly yours, Thomas M. Crean, Mayor P.S. THE BOND AUTHORIZATION LANGUAGE TO BE SUPPLIED BY THE MAYOR S OFFICE UPON RECEIPT FROM THE BOND ORIGINATORS. Refer to Finance and Property #12 January 6, 2003 Beverly City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby request that your Honorable Council adopt an Order authorizing the City to borrow $734,000 for a new Beverly High School schematic design. Said Bond not to take effect unless funding is either from the school department budget or from a Proposition 2½ debt exclusion which has been duly passed by the voters of the City of Beverly. Very truly yours, Thomas M. Crean, Mayor P.S. THE BOND AUTHORIZATION LANGUAGE TO BE SUPPLIED BY THE MAYOR S OFFICE UPON RECEIPT FROM THE BOND ORIGINATORS. Refer to Finance and Property Communications from other City Officers and Boards #13 December 18, 2002 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re Request for two (2) hour parking, Hale Street, Beverly Farms. We have been asked to look into creating a two (2) hour parking zone on Hale Street, northwesterly side, Beverly Farms, from Everett Street to West Street. We have looked at this area and recommend the following Please take the necessary action to add to Chapter 14, Section 126 (a) Hale Street, northwesterly side, from Everett Street to West Street. ADD Very truly yours, Dennis O. Tarsook, Traffic Sergeant Refer to Legal Affairs and Accounts #14 City Council City of Beverly City Hall Beverly, MA 01915 Dear Honorable Council Chapter 268A of the General Laws allows the City Council to classify certain positions as Special Municipal Employees. The Classification allows the persons who fill those positions to serve the City without fear of running afoul of the Conflict of Interest law. The classification of special municipal employees has apparently not been updated for some time so the Solicitor s Office undertook to review and to revise the list. The result of that process, and a proposed resolution, are attached for your consideration. Very truly yours, Peter H. Gilmore, City Solicitor RESOLVED Any person holding two or more offices or employments in the city, any one of which is not classified hereunder, shall be a Municipal Employee under the provisions of said statute. Airport Commission Auxiliary School Patrol Beverly Civil Defense Department - a/k/a Civil Defense Advisory Council a/k/a Beverly Emergency Management Agency Beverly Golf and Tennis Commission Beverly Harbor Management Authority Beverly Historic District Commission Beverly Partnership Beverly Salem Water Board Beverly Youth Collaboration Advisory Board of Appeal - Zoning Board of Assessors of Taxes Board of Commissioner of Trust Funds - a/k/a Commissioner of Trust Funds Board of Health Board of Managers - Cemeteries - a/k/a Board of Managers of Public Cemeteries Cable TV Advisory Commission - a/k/a Cable Television Advisory Commission City Physician (School Department) Commission on Disabilities Conservation Commission Contributory Retirement Board Council for the Aging - a/k/a Council on Aging Cultural Council David S. Lynch Public Parks Fund Board of Trustees - a/k/a David Lynch Public Parks Fund Trustees Dental Clinic - dentists Design Review Board Economic and Community Development Council Election Officers (Assistant Registrars of Voters, Wardens, Clerks and Inspectors) Emergency Medical Services Commission Emergency Planning Committee G.A.R. Hall Commission Hazardous Waste Oversight Committee Housing Authority Industrial and Commercial Development Inspector of Animals Library Board of Trustees - a/k/a Trustees ofLicensing Board Master Plan Steering Committee MBTA Advisory Board Metropolitan Area Planning Council Northeast Massachusetts Regional Library Systems Board North Shore Recycling Committee North Shore Regional Vocational School District Open Space and Recreation Commission Parking and Traffic Commission Parks and Recreation Committee Permanent Building Commission Planning Board Registrars of Voters Reserve Police Officers Sanitary Inspector School Committee Solid Waste Management Committee - a/k/a Solid Waste Advisory Committee South Essex Sewerage District Board Special Police Officers Substitute teacher who does not earn compensation as a municipal employee for an aggregate of more than 800 hours during the preceding 365 day cycle Veterans Memorial Advisory Committee Wenham Lake Advisory Committee Youth Activities Commission Referred to Legal Affairs and Accounts #15 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council At this time the Beverly Commission on Disabilities requests your permission to withdraw from the handicapped parking Fine account the sum of one thousand ($1,000.00) Dollars. These funds would serve as a budget for both the Commission and the office ofd the A.D.A. Coordinator. Respectfully, Norman Ganley, CoChair B.C.O.D. Receive and Place on File Communications, Applications and Petitions #16 January 23, 2003 Beverly City Council City Hall Beverly, Massachusetts SUBJECT Henderson Road Area Development Dear Councilors I am writing on behalf of the Wenham Lake Watershed Association, as their environmental engineering consultant, to offer comment on the matter before the Council for the proposed sale of Beverly Airport property off Henderson Road within the watershed of the Wenham Lake reservoir. As you are most likely aware, the Wenham Lake Watershed Association has been extremely active in efforts to protect the quality of the Wenham Lake resource and has been instrumental in the successful identification of fly ash and other contaminants in the Henderson Road area that have migrated into the reservoir. The Watershed Association has also been very successful in assisting the City in negotiations with New England Power concerning the detailed assessment, engineering design, permitting, and remediation of the fly ash problem. I strongly advise that any proposed development within the Wenham Lake watershed area, and specifically in the vicinity of Henderson Road, should be carefully planned and monitored to ensure that the mistakes of the past are not repeated. The City has taken a very important step by adopting a zoning ordinance amendment creating a Watershed Conservation Overlay District that applies to the Henderson Road area. Although this ordinance amendment does not prohibit development, it emphasizes that the City &may deny a proposed project or activity if it finds that such project or activity violates the intentions of this Overlay District, has an adverse environmental impact on the aquifer or recharge area, or adversely affects the existing or potential water supply. As engineering consultant to the Watershed Association, I offer the recommendation that further environmental protection can be realized by an appropriate level of pre-development planning that could include the preparation of a Land Management Plan. This plan can be used to clearly establish the goals and Best Management Practices for protection of the watershed to be implemented during site development of the subject properties or any properties within the Wenham Lake watershed. The plan would likely incorporate the following elements 1.The prohibition of development in delineated wetlands and other sensitive environmental areas as established by wetlands specialists. 2.Careful management of storm water flow in developed areas. 3.Careful management of the storage and use of petroleum products and chemicals. 4.Management of herbicide, pesticide, and fertilizer application. 5. I encourage the Beverly City Council to take a strong leadership role in protecting the Wenham Lake resource by asking the environmental staff within the City to review and comment on the proposed end use of this land and to work closely with the organizations and individuals involved in any development activities in the Henderson Road area, including the Planning Board, the Salem/Beverly Water Supply Board, Conservation Commission, the developers, citizens of Beverly, and environmental advocacy groups like the Wenham Lake Watershed Association. Further, in anticipation of future issues with respect to land within the watershed, I encourage the City Council to support the development of a watershed management plan that would form the basis for potential further development of these areas. Sincerely, Paul J. Exner, P.E., LSP Environmental Engineer/Consultant Refer to Finance and Property #17 Communication from Beverly Animal Resources Coalition Subcommittee re Trial Program for dogs in Beverly Parks. Referred to Public Service and Aid #18 Application Class I MVDL-Thomas Ford (Renewal) Referred to Legal Affairs and Accounts #19 Application Class II MVDL-Peoples Cars, 42 Park Street (Renewal) Referred to Legal Affairs and Accounts #20 Application Class II MVDL-Dodge Street Auto, Inc. Referred to Legal Affairs and Accounts #21 Application Second Hand Junk Dealers License Rerun Boutique & Formal Wear, 330 Rantoul Street Referred to Legal Affairs and Accounts #22 Communication from Steven Kruczynski re Subordination of Mortgage for property at 267 Rantoul Street Refer to Legal Affairs and Accounts #23 Application Second Class MVDL Beverly Auto Top and Upholstery Referred to Legal Affairs and Accounts #24 Late File Mayor Creans Budget plan for 2004 and 2005 Referred to Finance and Property #25 Late File Comm from Salem and Beverly Water Supply Board relative to volume of Water used by both communities. Receive and Place on File #26 Late File Beverly Golf and Tenniss Commission apology re mistake regarding permit fees. Receive and Place on File Reports from Committees #5 The Committee on Finance and Property to whom was referred the matter of Commission on Disabilities request to withdraw from Handicapped Parking Fine 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 Commission on Disabilities be granted permission to withdraw One Thousand Dollars from the Handicapped Parking Fine Account as per the request of the Commission. 9-0 Vote Order read once and adopted #411 The Committee on Finance and Property to whom was referred the matter of Loan Order for reconstruction of Beverly Golf and Tennis Club 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 enclosed Loan Order in the amount of Seven Hundred Fifteen Thousand ($715,000) for the purpose of remodeling, reconstructing and making extraordinary repairs to the Beverly Golf and Tennis Clubhouse. Loan Orderthat $715,000.00 is appropriated for remodeling, reconstructing and making extraordinary repairs to the Beverly Golf and Tennis Club clubhouse, including original equipment, furnishings and related site improvements; that to meet this appropriation 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 $715,000.00 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application with the Emergency Finance Board 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 the Emergency Finance Board may require 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 Dec. 16, 2002 Public Hearing Jan. 6, 2003 Final Passage Jan. 6, 2003 9-0 Vote Order read once and adopted #403 2003-28 The Committee on Legal Affairs and Accounts to whom was referred the matter or Renewal of Lodging House Licenses have considered said matter and beg leave to report as follows, to wit Recommend the Licenses be granted. Order read once and adopted #2 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination of Mortgage for Mary Bucco 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 AGREEMENT for Mary Bucco, 8 Virginia Avenue, as per the attached communication from Community Development manager William O Hare. Order read once and adopted #3 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination of Mortgage for Curtis 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 AGREEMENT for Mr. and Mrs. Michael Curtis, 20 Cressey Street, as per the attached communication from Community Development manager William O Hare. Order read once and adopted #4 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination of Mortgage for Muise 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 AGREEMENT for Mr. & Mrs. Order read once and adopted #416 2003 - 29 The Committee on Public Service and Aid to whom was referred the matter of Petition of Massachusetts Electric for installation of manhole and duct system along River St., Federal Street and Bridge Street have considered said matter and beg leave to report as follows, to wit Recommend the Petition be granted Order read once and adopted #417 2003 - 30 The Committee on Public Service and Aid to whom was referred the matter of Petition of New England Power for a Street crossing over River Street have considered said matter and beg leave to report as follows, to wit Recommend the Petition be granted 8-1 Troubetaris voting against Order read once and adopted Unfinished Business #392 2003 #33 Ordinance-Historic District Commission Motions and Orders #31 By Councilor Coughlin Ordered That the School Committee/Superintendent of Schools provide the City Council with a comprehensive report providing cost estimates for the remainder of repairs/alterations at the high school to be in compliance with the New England Association of Schools and Colleges evaluation report of 2000. Refer to Finance and Property #32 By Councilor Costa Ordered Under MGL Chapter 91 regarding filled tidelands & Access to the sea Industrial Development Financing Authority as provided for in Chapter 40Dof MGL That Mayor Thomas Crean, by virtue of his office as Mayor, bring all powers to bear negotiations with Rohm & Haas, the parent company of Morton Thiokol and/or Atty. Robert McCann, said representative to acquire and control (by gift or by land taking) the 25 foot wide public avenue called Congress Street Court that did extend into the harbor at low water mark, donated by a vote of the Board of Aldermen on April 20, 1953 to the Metal Hydrides Company in the spirit of patriotism and for added security necessary for a munitions plant during that war time period. The purpose of this acquisition is to provide the citizens of Beverly a corridor, an access to a corridor, an access to a public walkway provided for by Chapter 91 of the Mass General Laws which will encircle the waterside perimeter of what is commonly know as the Ventron property which encompasses approximately 3.6 acres on Congress Street in the City of Beverly. Referred to Legal Affairs and Accounts Meeting adjourned934 Frances A. Macdonald, CMC City Clerk 2