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2006-11-06 Regular Meeting of Beverly City Council 7:00 PM Nov. 6, 2006 Roll Call : Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Hobin Appointments: Public Hearings and Presentations: 7:05 PM Increase in Salary of Mayor Referred to Finance and Property 7:10 PM Various sections of Zoning Ordinance Referred to Legal Affairs 7:50 PM Appropriation to Account-Planning Dept. Salaries Refer to Finance and Property Acceptance of Minutes: Meeting October 16, 2006 Communications from His Honor the Mayor : #234 November 6, 2006 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby present for your approval the renewal of a 20-year easement between the City of Beverly and Verizon as further described in the attached letter from Purchasing Agent, David Gelineau. As you can see, the agreement more that doubles the amount of money to be paid to the City from $10,000 to $24,000. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs 9-0 Vote #235 November 6, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: REQUEST FOR AUTHORIZATION TO TRANSFER FUNDS Dear Honorable Council: I hereby request authorization to transfer the sum of $500.00 from Fund #20335 – Parking Meter Receipts to line #11752-52405 in the Planning Department’s budget for the purpose of acquiring a parcel of land for public parking. 113 As you will recall, the Council approved a transfer of $45,000 from the parking meter receipts line item to the Planning Department’s budget in March of this year for the purpose of acquiring a State-owned parcel of land at the foot of the Beverly Salem bridge for public parking. We have recently been notified by the Massachusetts Highway Department that the agency misstated the actual appraised value of the parcel. Rather than being $45,000 as originally reported to the City, the appraised value is actually $45,500. Accordingly, I request your authorization to transfer an additional $500.00 for the purpose. Very Truly Yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from other City Officers and Boards #236 October 19, 2006 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: At the request of the Board of Assessors, would you please schedule a Public Hearing on November 20, 2006 relative to the allocation of Fiscal Year 2007 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small commercial exemptions. Thank you, John P. Dunn Finance Director Refer to Finance and Property #109A November 13, 2006 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #109 - RECOMMENDATION FROM PLANNING BOARD REGARDING CREATION ON NEW WDR ZONING DISTRICT AND REZONING OF 10-12 CONGRESS STREET (VENTRON PROPERTY) FROM IG TO WDR - BEVERLY OFFICE DEVELOPMENT LLC Dear Honorable Council: The Beverly Planning Board heard testimony on the above-referenced request at public hearings on June 5, 2006, September 5, 2006 and October 16, 2006. The public hearing was closed at the October 16, 2006 meeting. At the Planning Board’s special meeting following the October 16, 2006 public hearing, members of the Board discussed the request to create a new WDR Zoning District and to re-zone 10-12 Congress Street (Ventron Property) from IG to WDR. After extensive discussion, the Board voted (7-1) to recommend to the City Council that Council Order #109 be ADOPTED. The Board made a recommendation that the City Council adopt the order with the following condition: That, prior to the zone change becoming effective, the owner and subsequent owners shall be bound by a valid contract enforceable by the City, which runs with title to and binds the land and is subject to prior review and approval by the Beverly City Solicitor, to the effect that any project constructed on the property shall have a height, massing and density which are no greater, nor any use made which is more intensive, than for the buildings shown on the conceptual plans submitted with the application, entitled "Site Maximization Study", no date, scale: 1"=20', drawn by Siemasko & Verbridge; "Proposed Site Plan", no date, scale: 1"=20', drawn by Meridian Associates and Siemasko & Verbridge; and "Proposed Elevations", no date, scale: 1"=20', drawn by Siemasko & Verbridge; which plans are incorporated herein by reference. Sincerely, Richard Dinkin, Chairperson Refer to Legal Affairs 9-0 Vote 114 #237 Oct. 20, 2006 Honorable City Council 191 Cabot St. Beverly, MA 01915 RE: Hawk Hill Subdivision-Street Acceptance Dear Honorable Council: At a meeting of the Beverly Planning Board held on October 17, 2006, members of the Board found that the Hawk Hill Subdivision is complete and they voted to release all interest in the tri-partite agreement posted as surety to guarantee completion of the subdivision. Accordingly, they then voted unanimously to request that the City Council formally accept Yankee Way, Hawk Hill Road and Aileen Way as public ways of the City of Beverly. Sincerely, Richard Dinkin, Chairperson Refer to Legal Affairs #238 November 6, 2006 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: At their meeting on October 17, 2005, the Beverly Golf & Tennis Commission approved new Permit Holder annual fees for the 2007 golfing season. The fees proposed for next year are inline with the three-year projection of fees that the Commission discussed and approved in 2004. Both the proposed 2007 fees and a history of fees from 2001 to 2006 are shown on the attached spreadsheet. As required by Section 3-205 of the City Ordinances, the fees adopted by the Commission are subject to approval by the Mayor and the City Council. The Mayor has approved such and the Commission requests your approval at your earliest convenience. Very truly yours, John P. Dunn Finance Director Refer to Finance and Property #239 November 6, 2006 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: Periodically our Financial Advisor, Peter Frazier of First Southwest Company, looks at the feasibility of refunding existing debt. In 2003, the City refunded the balance of the 1994 debt issue and saved approximately $350,000 over the remaining life of that issue. Mr. Frazier has analyzed a proposed refunding of the City’s 1996 and 2000 debt issues and based on his work of October 31, 2006, he anticipates an approximate $540,000 savings over the lives of those two issues at current interest rates. In addition to the dollar savings, the City would achieve an additional advantage. Both the 1994 and 1996 debt issues were funded as State Qualified bonds because of the City’s financial situation at the time. As a State Qualified issue, a municipality is able to substitute the State’s credit rating for its own and issue debt in situations where it might otherwise be uneconomic. The State in turn promises to pay bondholders directly for the benefit of the City from 115 quarterly State aid distributions. The City has been well able to issue debt on its own since the late 1990’s and it would be much better to have all debt as direct obligations of the City. The refunding of the 1994 issue took care of one of the two State Qualified issues and this refunding would take care of the other one. Bond Counsel has proposed a Loan Order to authorize the refunding, which is attached. I would like to introduce the order tonight and ask that the Council schedule a public hearing for Monday November 20, 2006. It may be that unexpected changes in interest rates could change our decision on the refunding but it will be to our benefit to have an approved Loan Order, certified by Bond Counsel, ready if rates continue to hold in their present range. Very truly yours, John P. Dunn Finance Director Refer to Finance and Property Communications, Applications and Petitions: #240 Petition-National Grid one (1) J. O. Pole #5 in public way at 8 Hickory Lane for a new home Refer to Public Services #241 Notice of Waterways License Application –Bass River JDS, LLC, 240-242 Elliott Street Receive and Place on File #242 Northeast Gateway DWP License Application Final Environmental Impact Statement and Final Environmental Impact Report Refer to Public Services #243 Application Second Hand Junk Dealers License-Just Kidding, 108 Bridge Street Refer to Legal Affairs #244 Application for one day Auctioneers License-J. C. Tedesco Auction Co. for Engines & Components, 12 Lothrop St. Refer to Legal Affairs Reports from Committees: #235 The Committee on Finance and Property to whom was referred the matter of transfer of 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 will hold a Public Hearing on Monday, November 20, 2006 at 8:10 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a transfer of $500.00 from Parking meter receipts to Planning for additional funding for purchase of public parking. First Passage: Nov. 6, 2006 Public Hearing: Nov. 20, 2006 Final Passage: Nov. 20, 2006 Order read once and adopted 9-0 Vote 116 #236 The Committee on Finance and Property to whom as referred the matter of setting of public hearing for FY07 Tax levy percentages have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council will hold a public hearing on Monday, November 20, 2006 at 7:25 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to the allocation of Fiscal Year 2007 Tax Levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small commercial redemptions. First Passage: Nov. 6, 2006 Public Hearing: Nov. 20, 2006 Final Passage: Nov. 20, 2006 Order read once and adopted 9-0 Vote #239 The Committee on Finance and Property to whom was referred the matter of Refunding of existing debt 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 20, 2006 at 8:00 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to the enclosed loan order in the amount of Sixteen million ($16,000,000) dollars for refunding bonds. Ordered: that, in order to reduce interest costs, the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee of Finance and Property is authorized to issue refunding bonds pursuant to G.L. c.44, §21A to refund all or a portion of the remaining amounts of the City’s State Qualified Municipal Purpose Loan of 1996 Bonds dated October 1, 1996 and the City’s Municipal Purpose Loan of 2000 Bonds dated September 1, 2000; that the refunding bonds shall be issued in an amount not to exceed $16,000,000, in order to pay the principal, redemption premium and interest on the bonds to be refunded, and costs of issuance of the refunding bonds; that the Treasurer is authorized to execute such documents as may be necessary or desirable to carry out this transaction, including a refunding trust agreement or escrow agreement with a bank or trust company; that the Treasurer is authorized to file an application with the Municipal Finance Oversight 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 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 genuiness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. First Passage: Nov. 6, 2006 Public Hearing: Nov. 20, 2006 Final Passage: Nov. 20, 2006 Order read once and adopted #195 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication relative to 48 Wellman Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #228 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Lovett Street and Lee Street 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 six An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Obedience to Isolated Stop Signs Be it ordained by the city council of the City of Beverly as follows, to wit: That Chapter 14, Section 86 (b), of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby amended by adding the following: ADD: Lovett St., Northeast and Southwest bound drivers on Lovett St. at Abbott St. 117 ADD: Lee St., East bound drivers on Lee St. at Folger Ave. This ordinance to take effect upon passage according to City Charter Ordinance read once and held for final passage as per charter provisions 9-0 Vote #229 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T 15 minute parking have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption In the year two thousand and six On Ordinance amending an ordinance entitled Motor Vehicles and Traffic re 15 minute parking Be it ordained by the city council of the City of Beverly as follows, to wit: That Chapter 14, Section 123, of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby amended by adding the following: ADD: Ocean Street northerly side, 200 feet easterly This ordinance to take effect upon passage according to City Charter Ordinance read once and held for final passage as per Charter Provisions 9-0 Vote #231 The Committee on Legal Affairs to whom was referred the matter of Lease Agreement wit A. B. Aviation have considered said matter and beg leave to report as follows to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached amended Lease for Beverly Airport with A. B. Aviation as per the request of the Beverly Airport Commission. Order read once and adoption 9-0 Vote #244 The Committee on Legal Affairs to whom was referred the matter of One Day Auctioneers License-J. C. Tedesco Auction Co. have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read 0nce and adopted 9-0 Vote #245 The Committee on Legal Affairs to whom was referred the matter of sign at Shoe Pond 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 of Beverly grant permission for Cummings Properties to install a marker on public property at the Balch Street entrance of the newly completed walkway along Shoe Pond Order read once and adopted 9-0 Vote #240 The Committee on Public Services to whom was referred the matter of Petition National Grid 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 hold a Public Hearing on Monday, Nov. 20, 2006 at 7:20 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for installation of a Joint Owned Pole #5 in the public way at 8 Hickory Lane for a new home. 118 Order read once and adopted 9-0 Vote #201A The Committee on the Whole to whom was referred the matter of communication from Conservation Commission re Wenham Lake Watershed Park have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs Order read once and adopted 9-0 Vote #223 The Committee on the Whole to whom was referred the matter of Communication relative to community Forum for rebuilding of BHS have considered said matter and beg leave to report as follows, to wit: Refer to Public Services Order read once and adopted 9-0 Vote #224 The Committee on the Whole to whom was referred the matter of request appointment from school committee to Finance and Property have considered said matter and beg leave to report as follows, to wit: Refer to Finance and Property Order read once and adopted 9-0 Vote Unfinished Business: #215 Ordinance MV & T-Stop Signs-Webber Street and Porter Street Resolutions: Motions and Orders: #245 By Councilor: Burke Ordered: that the City of Beverly grant permission for Cummings Properties to install a marker on public property at the Balch Street entrance of the newly completed walkway along Shoe Pong Refer to Legal Affairs Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC City Clerk 119