2007-01-16
Regular Meeting Beverly City Council 7:00 PM Jan.
16, 2007
Roll Call:
Councilors Present: John Burke, William Coughlin, Timothy Flaherty arrived at 7:10 PM,
Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag
:
Led by Councilor Gooding
Appointments:
Public Hearings and Presentations:
7:05 PM to 7:20 PM Stormwater Management Plan
7:20 PM to 7:30 PM Toni Musanti-Tax Issues and Proposed Zoning Amendment
7:30 PM to 7:45 PM Homecoming Committee
7:45 PM to 7:50 PM Rosemary Maglio re sidewalk
Acceptance of Minutes:
Meeting of January 2, 2007
:
Communications from His Honor the Mayor
#13
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I learned yesterday that soils investigation at Innocenti Park, which I contracted for several months ago with
Alliance Environmental has revealed unacceptable levels of hazardous material beneath the surface of the
field.
As a result, we have immediately closed access to the field. Fortunately, it is little used in the winter.
We have begun today engineering discussion on how to remedy the situation. One possible solution is to
raise the elevation of the field three feet with clean fill and re-sod the field. I will have more to say about
possible engineering solutions at a later time.
Our consultant advises us that it is quite unlikely that anyone using the field over past years has come in
contact with the waste material found below the surface. To cause a problem that material would actually
have had to be ingested.
During discussion this past summer with Mike Geisser of Alliance Environmental, I asked whether Beverly
had any ongoing environmental concerns. He indicated we should test the soils beneath Innocenti Park.
Back in the year 2000 as part of the Chase Street drainage project, contaminated soil was found and
removed at the Margin Street pump station. At the time LSP (Licensed Site Practioner) Camp, Dresser and
McKee, indicated that the City should test the soils on the adjacent property owned by the City. In 2001 the
City authorized a series of test pits along the seawall between the
park and the river. Hazardous waste was found, but at significant depths beneath the surface such that it
raised no issues. In 2003 the LSP on behalf of the City wrote DEP suggesting that further testing be delayed
until the entire seawall was to be repaired. As you know, we have not as yet proceeded with the seawall
project.
Testing shows that the hazardous material also extends beneath the McPherson Youth Center. The Center
will be able to continue operation because much of the entire area is paved and any grass area can be
immediately fenced off.
It is my intention to pursue this matter vigorously. The recent grants obtained by the hard work of our
Representative Mary Grant may well help us pay for much of our cost.
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The plan for remediation of the site must be approved by DEP at each step and loss of the use of the field for
some months is likely, but we will do our very best not to lose the entire season. I know how pressed we are
for available fields.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
#14
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
As you know the regulations of the Mass School Building Authority require that a School Building Committee
be formulated for quote
“The Eligible Applicant shall formulate a school building committee for the purpose of generally
monitoring the application process and to advise the Eligible Applicant during the construction of an
Approved Project.”
The Council President has identified three councilors to serve on the advisory committee, namely Councilor
Troubetaris, Councilor Flaherty and Councilor Grimes. The School Superintendent and School Committee
Chair have identified the following persons to serve as well as themselves -- School Committee members
Maria Decker and AnnMarie Cesa, High School Principal Carla Scuzzarella and High School Technical
Director Judy Miller. In addition Finance Director John Dunn and Public Services Director Michael Collins will
serve as well as Fred Hopps, a local teacher who is deeply involved in alternative energy and green school
considerations.
I will serve as chair of this committee which I expect will meet at least monthly. Lastly the members of the
Planning and Construction Committee who are recommended for reappointment this evening under separate
correspondence will also be members of the School Building Committee. By joining this group, members of
the Planning and Construction Committee will be more fully informed on all aspects of the project. By way of
review, this Committee is made up of the following members:
Ray Bouchard, Chairman – Retired Engineer
Maureen Hobin – Pharmacist and mother
Cheryl Sydorko – School employee and mother
Rod Maxner – Former Maintenance Director, Beverly Public Schools
Tim Brennan – Former Inspector of Buildings
Robert Griffin – Civil Engineer
Dan Skolski – Architect
It is anticipated that several subcommittees will be formed on subjects such as Alternative Energy Sources
and Green School Design, Technology, Alternative Construction Materials, Site Considerations outside the
building, e.g. parking, playing fields, possible shifts of the Hurd Stadium to the High School site.
While this Committee is indeed large, it is advisory in nature and its broad based makeup should allow for
thorough coverage of all aspects of the project.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
#15
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
4
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members
of the Planning and Construction Committee:
Maureen Hobin Tim Brennan
6 Gardner Street 10 Hancock Street
Term effective until December 31, 2007 Term effective until December 31, 2008
Cheryl Sydorko Robert Griffin
38 Cross Street 20 Walnut Avenue
Term effective until December 31, 2008 Term effective until December 31, 2009
Rod Maxner Dan Skolski
3A Clifford Avenue 29 High Street
Term effective until December 31, 2007 Ipswich, MA (He will be moving back
to Beverly.)
Raymond Bouchard Term effective until December 31, 2008
11 Elizabeth Avenue
Term effective until December 31, 2009
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#16
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
We have solved many flooding problems in our city. Tonight I put before you a request for an appropriation
of $350,000 to conduct the detailed design of the North Beverly drainage project. For too long residents in
Wards 3 and 5 have suffered flooded basements, yards and streets even in relatively modest storms.
In December we met with more than 100 constituents from the affected neighborhood and reviewed the
conceptual design. With your rapid action I believe we will be able to start construction later in this calendar
year. The detailed design will take 120 days to complete.
I hereby request an appropriation of Three Hundred Fifty Thousand Dollars ($350,000) to account “North
Beverly Drainage Project” from the Sewer Account.” Said sum of money to be expended under the direction
of the Director of Engineering.
Please schedule a Public Hearing at your first convenience.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#17
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following as members of the Parks and
Recreation Commission:
Deborah Ploszay
11 Beacon Street
Jeffrey Rubin
5
36 Middlebury Lane
Gary Lambert
9 Bass River Road
Their terms to be effective until December 31, 2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#18
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following to serve as Constables in the
City of Beverly for the express purpose of serving Civil Process:
Gary E. Modugno
16 Andover Road
Beverly, MA 01915
James M. Cameron
10 Balcomb Street
Salem, MA 01970
Their terms to be effective until January 31, 2010.
Attached are their applications which have been approved by Police Chief, John Cassola.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#19
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following to serve as members of the
Beverly Library Board of Trustees:
Anthony Kline
510 Hale Street
Beverly, MA 01915
Kathleen McMahon
107 Hull Street
Beverly, MA 01915
Their terms to be effective until January 31, 2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
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#20
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Roseann Benson, 32 Washington Street,
Beverly, MA 01915, to serve as a member of the Beverly Public Library Board of Trustees.
She will replace Mrs. Helga Senko who has requested that she not be reappointed to this Board. Ms.
Benson’s term will be effective until January 31, 2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#21
January 16, 2007
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following to serve as members of the
Planning Board:
Richard Dinkin David Mack
93 Bridge Street 2 Eagle Lane
Beverly, MA 01915 Beverly, MA 01915
Their terms to be effective until December 31, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from other City Officers and Boards
#22
January 10, 2007
Honorable City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council,
I hereby appoint Councilor at Large, Timothy Flaherty, Ward 1 Councilor, Maureen Troubetaris and Ward 6
Councilor, Patricia Grimes, to serve on Mayor William Scanlon's School Building Committee which will assist
in over seeing the City of Beverly's High School rebuilding project. As President of the Council, I am
requesting that the Council representatives to the committee report back to the full City Council by written
communication after each meeting is held.
Respectfully,
Paul M. Guanci, City Council President
Recommend approval of the Appointments 9-0 Vote
7
Communications, Applications and Petitions:
#23
Request to waive ordinance Alcohol in a Public Building for an occasion to be held at the Beverly Farms
Library on January, 30, 2007
Refer to Legal Affairs
Reports from Committees:
#06-264 07-5
The Committee on Finance and Property to whom as referred the matter of Acceptance of Cha. 157 of the
Acts of 2005 relative to retirement have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend it adoption
Ordered: That the City Council accept the provisions of Section 1 and 2 of Chapter 157 of the Acts of 2005
as per the request of the Beverly Retirement System.
Order read once and adopted 9-0 Vote
# 06-272 07-6
The Committee on Finance and Property to whom was referred the matter of required appropriation for FY08
PERAC (Retirement System) appropriation 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
# 06-28007-7
The Committee on Finance and Property to whom was referred the matter of Communication relative to Joint
Consolidation Committee 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 order relative to the Joint Consolidation Committee.
The Joint Consolidation Committee convened in April of this year and has since met seven times.
Its members are Councilors Flaherty, Coughlin and Gooding, and School Committee Members
Manzo and Decker. The Committee’s objective is to review and recommend the potential for
consolidation of certain school and city departments, including Technology, Buildings and Grounds,
and Finance. Kathy Griffin, the Budget Analyst for the City Council, has been assisting the
Committee and has provided comparative information from other communities with consolidated
departments, including Barnstable, Harvard, Reading, Framingham and Southbridge.
To date, the Committee has met with representatives from the Town of Danvers and Town of
Lynnfield to discuss how consolidation works in those communities. Within the city of Beverly, the
Committee has met with department heads from the Technology and Public Services departments
on the city side, and from Finance and Buildings and Grounds on the school side.
The Committee expects that deliberations will continue through early 2007 and that a final report
and recommendation as to potential consolidation will then be issued. In the meantime, the
following interim steps are recommended for immediate action:
1. That the City Finance and School Business departments adopt the operating procedures
recommended in the Memorandum prepared by Kathy Griffin entitled “Observations/Comments:
Potential Consolidation of City/School Business and Finance Functions,” a copy of which is
attached.
2. That the City Council and the School Committee agree to resume the organizational review of the
City Finance and School Business departments by an independent consultant, which review was
authorized and begun earlier this year. Such review shall include the finance, business, human
resource and benefits functions of both departments. Further, the purpose of the organizational
review should be to analyze whether consolidation of the departments would achieve any of the
following objectives:
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cost savings;
??
elimination of redundancy;
??
more efficient delivery of services; and
??
improved operating procedures.
Finally, the Committee recommends that the independent consultant should report to the Joint
Consolidation Committee on the foregoing matters and make a recommendation as to whether
consolidation of the departments should be pursued and, if so, how the department(s) should be
organized.
Order read once and adopted 8-1 vote Councilor Grimes voting against
#16
The Committee on Finance and Property to whom was referred the matter of appropriation re No. Beverly
Drainage Project 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 Feb. 5, 10107 at 7:05 pm relative to an
appropriation in the amount of $350,000 from account Sewer Account to No. Beverly Drainage Project.
First Passage: Jan. 16, 2007
Public Hearing Feb. 5, 2007
Final Passage: Feb. 5, 2007
Order read once and adopted 9-0 Vote
#1
The Committee on Legal Affairs to whom was referred the matter of Ordinance Zoning 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 and the Planning Board will hold a Joint Public Hearing on Tuesday, Feb.
20, 2007 at 7:05 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, MA relative to a Proposed
Zoning Amendment to Section 29-23.E. entitled “Residential Reuse of Existing Public Buildings”
Order read once and adopted 9-0 Vote
# 06 – 269 07-8
The Committee on Legal Affairs to whom was referred the matter of Appointment to the Commission on
Disabilities Candace Pike and Kevin Gallant have considered said matter and beg leave to report as follows,
to wit;
Recommend the Council approve the Appointments
Order read once and adopted 9-0 Vote
# 06-274 07-9
The Committee on Legal Affairs to whom was referred the matter of application Livery License NDARYD
Transportation have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 9-0 Vote
# 06 – 275 07-10
The Committee on Legal Affairs to whom was referred the matter of application for Second Hand Junk
Dealers License HAWC, 330 Rantoul Street have considered said matter and beg leave to report as follows
to wit:
Recommend the License be Granted
9
Order read once and adopted 9-0 Vote
#3
The Committee on Legal Affairs to whom was referred the matter of application for Lodging House License-
Garden City Residences 490 Rantoul Street have considered said matter and beg leave to report as follows,
to wit;
Recommend the License Be Granted
Order read once and adopted 9-0 Vote
#4
The Committee on Legal Affairs to whom was referred the matter of Application for Class II MVDL-Beverly
Farms Motors have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 9-0 Vote
#23
The Committee on Legal Affairs to whom was referred the matter of request to waive city 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 the Ordinance, Alcohol in a Public Building, for an occasion at the
Beverly Farms Library, on January 30, 2007 from 5:00 Pm to 8:00 PM.
Order read once and adopted 9-0 Vote
#260-06
The Committee on Legal Affairs to whom was referred the matter of communication relative to buildings up to
75’ tall 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
#265-06
The Committee on Legal Affairs to whom was referred the matter of proposed amendment relative to reuse
of public buildings 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
#21
The committee on Legal Affairs to whom was referred the matter of appointment to Planning Board of
Richard Dinkiin and David Mack have considered said matter and beg leave to report as follows, to wit:
Recommend the approval of the appointments
Order read once and adopted
# 06 – 144 07-11
10
The Committee on Public Services to whom was referred the matter of Communication relative to meeting
regarding Flood Issues 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
#06 – 270 07-12
The Committee on Public Services to whom was referred the matter of Appointment Solid Waste
Management Committee-Kate Pinkham have considered said matter and beg leave to report as follows, to
wit:
Recommend the Council approve the Appointment
Order read once and adopted 9-0 Vote
# 06 – 233
The Committee on the Whole to whom was referred the matter of naming of former Vitale site by School
Children 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
# 06 – 260
The Committee on the Whole to whom was referred the matter of Zoning Changes (Rantoul St.) 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
# 06 – 265
The Committee on the Whole to whom was referred the matter of Ordinance-Zoning Residential reuse of
existing buildings 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
# 06 – 273
The Committee on the Whole to whom was referred the matter of National Grid improvements to system
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
# 06 – 280
The Committee on the Whole to whom was referred the matter of Communication relative to consolidation of
City and School Functions 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
#1
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The Committee on the Whole to whom was referred the matter of Ordinance Zoning relative to Reuse of
Public Buildings 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
Unfinished Business:
Resolutions:
Motions and Orders:
#24
By Councilor Burke:
Ordered: That the City of Beverly post a complete list of delinquent taxpayers and the respective amounts
owed on the City’s web site.
Refer to Legal Affairs & Finance & Property
#25
By Councilors Hobin & Flaherty:
Ordered:; That City Council Ad-Hoc committees (by city council rules) report on a quarterly basis or as
needed to the full Council.
Recommend the Council approve the order 9-0 Vote
CMC
Meeting adjourned: 9:30 PM Frances A. Macdonald,
City Clerk
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