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2004-03-15Regular Meeting of Beverly City Council 8:00 PM March 15, 2004Regular Meeting of Beverly City Council 8:00 PM March 15, 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 Coughlin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of March 1, 2004 Communications from His Honor the Mayor : #100 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Thomas F. Scully to be the Director of the Department of Community Services for the City of Beverly for a term of three years. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #101 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Frank J. Killilea to be the Director of the Engineering Department for the City of Beverly for a term of three years. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #102 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 52 I hereby reappoint, subject to your review and recommendation, Mr. Michael P. Collins to be the Director of the Department of Public Services for the City of Beverly for a term of three years. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #103 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The City Charter requires that the Mayor submit a 5-year Capital Expenditure Plan early each year. As you know, there is at this time a major difference between what the City needs and what it can afford. We don’t at this moment know the full answer as to how the operating budget for Fiscal 2005 will be solved. With your permission, I will plan to submit to you both a Draft Operating Budget and a Draft Capital Expenditure Plan before May 1, 2004. With this grace period I believe the document you receive will be much more meaningful than something force-fed at an earlier date. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #104 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Brad Gaige, 7 Cloverdale Avenue, Salem, MA 01970, to serve as a member on the Council on Aging. He will fill the vacancy created by the elimination of the ex-officio seat for the Director of the Beverly Housing Authority and his term will be effective until June 30, 2005. Because Mr. Gaige is a Salem resident, I request that your Honorable Council grant a waiver of the residency requirement to Mr. Gaige as per the attached communication from Thomas Scully, Director of Community Services. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #105 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 53 I hereby re-appoint, subject to your review and recommendation, the following to serve as member of the Design Review Board: Douglas Haring 30 Webster Avenue Jane Brusca 11 Greenwood Avenue (Designee from the Board of Appeal) Their terms to be effective until December 1, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #106 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby re-appoint, subject to your review and recommendation, the following to serve as member of the Planning Board: Richard Dinkin 93 Bridge Street Elizabeth McGlynn 107 Corning Street William T. Betts 38 Ashton Street Their terms to be effective until December 31, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #107 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby re-appoint, subject to your review and recommendation, the following to serve as Trustees of the David Lynch Public Parks Fund: Arthur Powell Barbara Feenan 17 Walnut Avenue 17 Bancroft Avenue Their terms to be effective until September 30, 2006. Lauren Young 32 Lothrop Street Her term to be effective until September 30, 2005. 54 Rosalie Kerr 12 Millbrook Road Her term to be effective until September 30, 2004. Attached is a communication to Thomas F. Scully, Director of Community Services concerning these appointments and terms of expiration. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #108 March15, 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 attached North Shore Home Consortium Membership Renewal. Additionally, I further request that your Honorable Council consider adopting the resolution regarding the agreement which is also included. Attached for your information is a communication from Tina P. Cassidy, Director of Planning and Developments concerning these two requests. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #109 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Thirteen Thousand Three Hundred Ninety-Six Dollars and Seventy-Three Cents ($13,396.73) to account “North Shore Regional Vocational School District” from account “Reserve for Unforeseen Expenditures.” Said sum of money to be expended under the direction of the Financial Director. Attached for your information is a communication from John Dunn concerning this request for a transfer of funds. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #110 March 15, 2004 Honorable City Council City Hall Beverly, MA 01915 55 Dear Honorable Council: I wish to advise you that I informed Christopher Bradley on March 12, 2004 that his services as Director of Purchasing will no longer be required. As Chief Procurement Office for the City of Beverly as designated in Section 3-2 of the Beverly City Charter, I will temporarily assume the responsibilities of this position. Very truly yours, William F. Scanlon, Mayor Receive and Place on File Communications from other City Officers and Boards #111 March 8, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Two-hour parking, 7:00 am to 12 noon, Snell Road, Jordan St We have been working with Councilor Burke, Ward 3, to get some relief for residents from the all-day high school parking on Jordan St. and Snell Rd. The best solution we have devised is to post these sections 2-hour parking, 7:00 a.m. to 12 noon.. Please take the necessary action to add to Chapter 14, Section 126 (d) as follows; No person shall park a vehicle for longer than two (2) hours ADD: c14, s 126 (d); between the hours of 7:00 a.m. and 12 noon, Monday thru Friday, on Jordan St., westerly side, entire length, and Snell Road, both sides. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #112 City of Beverly March 12, 2004 Honorable City Council 199 Cabot Street Beverly, MA 01915 Edwards School decision Re: Dear Honorable Council, On Friday March 12, 2004 I was advised that I own a building (investment property) within three hundred feet of the Edwards School. Prior to that date I thought the building at 41 Cabot St. was outside the three hundred foot limit. After consulting the State Ethics Commission and a local attorney I was later informed/advised that I could vote on all issues surrounding the sale and the zoning of said school if I submitted a letter stating full disclosure of that fact of ownership. I hereby do submit that letter to the City of Beverly and appropriate authorities for their review. Submitted Respectfully, Ronald F. Costa 56 Councilor of Ward II 8-0 Vote Costa Abstained Receive and Place on File #113 TO: William F. Scanlon Beverly City Council FROM: The Beverly School Committee RE: Consideration of a Proposition 2 ½ Override referendum The Beverly School Committee, at its meeting on March 10, 2004, voted to request that Mayor William F. Scanlon and the Beverly City Council, separately or jointly, appoint a committee to study the feasibility of placing a Proposition 2 ½ override referendum on the ballot in order to address the future budget problems facing the City of Beverly. Respectfully submitted, Judith A. Cronin, President Beverly School Committee Referred to Finance and Property Communications, Applications and Petitions: #114 Communication from Commonwealth of Mass relative to notification of Surplus Commonwealth Property located in Beverly Refer to Finance and Property #115 Beverly Farms Prides Crossing 4 of July Committee request to hang banner across West th Street. Refer to Legal Affairs #116 Application for Limo License “Real Time Car Service” Refer to Legal Affairs #117 Communication from Rep. Grant relative to Salem/Beverly Water Supply Board Receive and Place on File #118 Late File Claim for damages from Water Main Break – Valerie Wilson Receive and Place on File Refer to City Solicitor 57 Reports from Committees : #93 The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocation School 2005 Preliminary Budget 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 #109 The Committee on Finance and Property to whom was referred the matter of Transfer North Shore Regional vocation School District 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 hold a Public Hearing on Monday, April 5, 2004 at 7:50 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a transfer of Thirteen Thousand Three Hundred Ninety-Six Dollars and Seventy Three Cents ($13,396.73) from Account “Reserve for Unforeseen Expenditures” to “North Shore Regional Vocational School District. First Passage: March 15, 2004 Public Hearing: April 5, 2004 Final Passage: April 5, 2004 9-0 Vote Order read once and adopted #13 The Committee on Legal Affairs to whom was referred the matter of Change in Zoning of Edwards School Property 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 Communication from the planning Department relative to the request to rezone one lot of City-owned land (the Edwards School) from its current zoning designation of “RHD” (High Density Residential) to “CC” (Central Commercial). The parcel of land at the corner of School and Edwards Street is shown on the City of Beverly Assessors’ Map as Map #5, lot #11. 8-1 Vote Costa Against Order read once and adopted #13B The Committee on Legal Affairs to whom was referred the matter of Communication from Planning relative to Zoning of Edwards School Property have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered that the following be included in the RFP and as Deed Restrictions 1. The RFP will include a restriction that the architecture be consistent with the building as it stands today, and in addition this restriction prohibits height increases beyond one additional story. The height limitation remains at 55 feet per zoning ordinance. 58 2. That 100 percent residential/school use of the building be encouraged, if not required, and that the total number of units not exceed thirty-five (35) 3. That at least 10 percent of those residential units be preserved as affordable in perpetuity, in accordance with the Massachusetts Department of Housing and Community Development requirements for affordable housing, and at least one of those units be outfitted and designated for a physically handicapped person. 4. That a minimum, 2 parking spaces are provided per residential unit, regardless of the number of bedrooms per unit. 5. All of the above restrictions shall be imposed as deed restrictions. 9-0 Vote Order read once and adopted #32 The Committee on legal affairs and accounts to whom was referred the matter of request to name entrance to Hurd Stadium as Mel Deveau Way have considered said matter and beg leave to report as follows, to with Submit the accompanying order and recommend its adoption Ordered that the Essex street entrance to Hurd stadium be named Mel Deveau Way. 9-0 Vote Order read once and adopted #85 The Committee on Legal Affairs to whom was referred the matter of FAA Lease for Stand Alone Weather Sensors have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached Lease with the Department of Transportation, Federal Aviation Administration, New England Region for Stand Alone Weather Sensors at Beverly Municipal Airport. 9-0 Vote Order read once and adopted #86 The Committee on Legal Affairs to whom was referred the matter of Acceptance of MGL Ch 40 Sect. 8G entitled Mutual Police Aid Program 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 accept Mass General Law, Chapter 40: Section 8G Mutual police aid programs; Agreements Section 8G. A city or town which accepts this section may enter into an agreement with another city or town, or other cities and towns, to provide mutual aid programs for police departments to increase the capability of such departments to protect the lives, safety, and property of the people in the area designated in the agreement. Said agreement may include the furnishing of personal services, supplies, materials, contractual services, and equipment when the resources normally available to any municipality in the agreement are not sufficient to cope with a situation which requires police action. 9-0 Vote Order read once and adopted 59 #88 The Committee on Legal Affairs to whom was referred the matter of Communication re Police and Fire Depts. 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 #89 The Committee on Legal Affairs to whom was referred the matter of Communication relative to Rezoning of Edwards School Property 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 #90 The Committee on Legal Affairs to whom was referred the matter of Communication from Chamber of Commerce in favor of rezoning of Edwards School Property 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 #94 The Committee on Legal Affairs to whom was referred the matter of Communication from Councilor Costa relative to rezoning of Edwards School Property 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 #95 The Committee on Legal Affairs to whom was referred the Comm. from M. Mitchell relative to rezoning of Edwards School Property 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 #115 The Committee on Legal Affairs to whom was referred the matter of request to hang banner over West 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 approve the request of the Beverly Farms-Prides Crossing 4 of July Committee to hang a banner over West Street prior to an April 3 event,, and thrd be it further ordered that the banner be hung by a licensed rigger and that the organization be property insured. 60 9-0 Vote Order read once and adopted #82 The Committee on Public Services to whom was referred the matter of appointment to the Youth Collaborative Advisory Committee Steven Curran 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 #83 The Committee on Public Services to whom was referred the matter of appointment to the Youth Collaborative Advisory Committee of Mark Casey, George Simon and Linda Goodenough 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 #84 The Committee on Public Services to whom was referred the matter of appointment to the Youth Collaborative Advisory Committee of Jerry Parisella 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 Unfinished Business: #76 Ordinance MV & T re Two Hour Parking Federal Street, Rantoul to Chase Resolutions: Motions and Orders: #119 By Councilor Costa: Ordered: That the Mayor use the $25,000.00 donated by the Algonquin Pipeline Company to install the Emile Grouppe painting, @ McDonald's, on the wall of City Hall as soon as possible. Referred to Public Services #120 By Councilor Coughlin Ordered: That with a proposed trash tee likely in the offing, the City Council act immediately to become familiar with the “pay and throw” concept of trash collection in order to best offer advice and assistance to the executive branch as to fairness and equality affecting residents and businesses. Refer to Public Services #121 61 By Councilor Coughlin That in these fiscally acute times, the Finance Director and School Business Manager meet with the Finance and Property Committee to discuss mutual procedures and interactions, and in addition, to comment upon the FY 02 School End of Year Report and any subsequent Supplement Report(s). Refer to Finance and Property #122 By Councilor Grimes: Ordered: That the City Council of the City of Beverly, on behalf of the citizens of the City, hereby thank Congressman John F. Tierney and Brad Tarr for organizing a public forum with the Federal Railroad Administration at Ipswich Town Hall on Friday, March 12, 2004, and for his other efforts to protect the citizens of Beverly from numerous needless train whistle blasts. Refer to Legal Affairs #123 By Councilors Burke, Hobin, Martin Ordered: That the City install a pedestrian spotlight in front of the Senior Center at 90 Colon Street. Refer to Public Services #124 By Councilor Martin: Ordered: That the City install a Children sign at the beginning of Trask Street 9-0 Vote Recommend adoption of the order #125 By Councilor Troubetaris Ordered that two Go Slow Children signs be installed on Shortell Ave. 9-0 Vote Recommend adoption of the order Meeting adjourned: 9:55 PM Frances A. Macdonald, CMC City Clerk 62 63