2007-05-21
Regular Meeting
Beverly City Council 7:00, PM May 21, 2007
Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda
Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Alleg iance to the Flag: Led by Councilor Troubetaris
Appointments:
Public Hearings and Presentations:
7:05 PM Presentation by Council on Aging
7:25 PM Public Hearing Zoning relative to Inclusionary Zoning
Refer to Leqal Affairs and Planninq
7:55 PM Public Hearing National Grid JO Pole Hobart Ave.
Refer to Public Services
8:00 PM Public Hearing Intradepartmental Transfers
Refer to Finance and Property Recessed until June 4. 2007
Immediately following Public Hearing Renee Mary re Government
Acceptance of Minutes:
Meeting of May 7, 2007
Communications from His Honor the Mayor:
#127
May 16, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
It has taken me a bit longer to get back to you regarding PAVING than I had hoped. As earlier discussed,
the real issue is sufficient money to pave enough streets.
The following outlines a tow-part strategy to pave $1,500,000 of streets in Beverly this calendar year. First,
attached is a list of streets whose need for paving would not be disputed by anyone. These will be paved
using existing Chapter 90 funds and completed by June 30 which is the day that pavi9ng costs increase
significantly because of the rising cost of oil.
WE have also recently received a "new" allotment of funds which cannot be expended prior to July in the
amount of $700,000. In order to make the entire amount available for street paving we have put $200,000 of
design costs for Rantoul Street improvements directly into the FY2008 Operating Budget which you will
receive next week. To achieve that we have had to take $200,000 of "Free Cash" into offsetting revenues.
The net effect is to increase the street paving monies from $570,00 to $770,000 (in other works making the
entire $770,000 Chapter 90 allotment available for paving).
You will receive by mid-June a "draft" list of suggested streets for paving this summer and fall. We would
appreciate your feedback on that list as soon as possible. We will accompany the list with a guide as to the
typical paving cost per 100 feet of length for a typical width of street to help you analyze alternatives if you
wish to modify the list. Between the two segments of paving we will definitely improve Beverly's streets this
summer and fall. Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
#128
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May 21,2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
At your last meeting I submitted a letter indicating that three Capital Expenditure Projects would be brought
forward for your review this evening. In order to obtain better cost estimates for these projects that
submission will be delayed. We still intend to perform these projects on the Library, City Hall and Police
Station prior to next winter using funds available from previously approved appropriations thus avoiding new
appropriations.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
Communications from Other City Officers and Boards:
#57
May 9,2007
The Honorable City Council
Beverly City Hall
191 Cabot St.
Beverly, MA 01915
RE Council Order #57 Recommendation from Planning Board relative to proposed zoning amendment
regarding Sandwich Board and Real Estate Signs
Dear Honorable Council:
The Beverly Planning Board heard testimony on the above-referenced request at a joint public hearing with
the City Council held on May 7, 2007. The joint public hearing was closed at this meeting. At the Planning
Board's special meeting immediately following, members of the Board discussed the above-referenced
request. After some discussion, the Board voted (5-0) to recommend to the City Council that Council Order
#57 be ADOPTED.
The Board made the recommendation that the City Council adopt the order, but amend the text of the
proposed amendment to clarity the following:
1. clarify the meaning of the phrase, "aligned with the front of''', in part 2.2
2. clarify that sandwich board signs are allowed on both public and private property
Sincerely,
Richard A. Dinkin, Chairperson
Planning Board
Refer to Leqal Affairs
#104A
May 9,2007
Ms. Frances A. Macdonald, City Clerk
Beverly City Hall
191 Cabot St.
Beverly, MA 01915
RE: Recommendation from Planning Board on Joint Public Hearing Order 104-Request to rezone portion of
Lot At 480-486 Rantoul Street from General Industrial (IG) to Central Business (CC)
Dear Ms. Macdonald:
At a meeting of the Beverly Planning Board held on Monday, May 7, 2007, members of the Board voted
unanimously to recommend to the City Council that a Joint Public Hearing be held between the Planning
Board and the Council relative to the above-referenced City Council Order #1 04.
Sincerely,
Richard A. Dinkin, Chairperson
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Beverly Planning Board
Refer to Leqal Affairs
#129
TO:
FROM:
DATE:
SUBJECT:
Beverly City Council
Tina Cassidy, Planning Director
May 10, 2007
Request for valuation of landscaping strip on Pleasant Street
AT the last City Council meeting I was asked to ascertain the value of the landscaping strip on Pleasant
Street that was recently installed by Windover Development along the side of the new Depot Crossing
building. The landscaping area is 519 Sq. Ft. in size and was constructed within the layout of Pleasant
Street where a sidewalk used to exist.
Using the current value the assessors have assigned to the Depot Crossing property at 116 Rantoul Street
($254,400) and dividing it by the area of that lot (16,574 sq. ft), the per-square-foot value of the land (not
including the building or other site improvementsO is $15.35. Using that per-square-foot figure, the 519 sq. ft
landscaping strip would be worth $7,966.65.
I checked the methodology and values with both Assistant Beverly Assessor Terry DiBlasie and with Peter
Caron, a professional municipal assessor and member of the Beverly Board of Assessors. They both agree
that a value of $7,966.65 represents the highest value that could or would be ascribable to the 519 sq .ft strip
presently, and cautioned that the actual value would in all likelihood be lower.
Refer to Leqal Affairs
#130
May 18, 2007
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
In order to legally close the Landfill located off Brimbal Avenue, the City must provide financial assurance
that the post closure measures approved by the Department of Environmental Protection are funded. To
provide this assurance it is necessary to select a funding assurance option that meets the regulatory
requirements. One of those options, described at 310 CMR 19.051 (12)(a), provides that an owner may do
so by establishing a Post-Closure or corrective Action Trust Fund and by sending an originally signed
duplicate of the trust agreement to the Department (DEP) The Trustee must be a bank or other financial
institution. This option is the one preferred by Finance Director John Dunn.
Therefore I am sending to you a proposed order authorizing the Mayor to sign the attached trust agreement
with the Beverly National Bank.
Very truly yours,
Roy F. Gelineau, Jr., City Solicitor
Refer to Finance and Property
Communications, Applications and Petitions:
#131
Comm. relative to limo service at 70 Brimbal Avenue
Refer to Leqal Affairs
#132
TEC Associates Massachusetts Bay Commuter Railroad's 2007 Vegetation Control Program
Receive and Place on File
#133
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Communication from O'Sullivan Associates re Keep It Local MA Network in regards to Verizon's recently
proposed cable franchise legislation.
Refer to Public Service
#134
Comm. from Segal, Edelstein, Bussone and Fallon relative to Claim-Dennis O. Tarsook
Receive and Place on File
Refer to City Solicitor
#135
Application Livery License-Mannix Sedan Service, 77 Water St.
Refer to Leqal Affairs
#136
National Grid petition for 2 JO poles on Greenwood Ave.
Refer to Public Services
#137
Communication from Lee Dellicker relative to Pleasant Street Sidewalk at Depot Square
Refer to Leqal Affairs
#138
Invitation to march in Ryal Side Civic Association 4th of July Parade
Receive and Place on File
Reports from Committees:
#122
The Committee on Finance and Property to whom was referred the matter of Communication relative to Food
Project request to use City Property have considered said matter and beg leave to report as follows, to wit:
Recommend permission be granted
Order read once and adopted 9-0 Vote
#45
The Committee on Legal Affairs to whom was referred the matter of request for acceptance of Jewett Road
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
#73
The Committee on Legal Affairs to whom was referred the matter of Request for Sturtevant Street
Acceptance 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
#99
The Committee on Legal Affairs to whom was referred the matter of Ordinance relative to disposal of surplus
tangible supplies have considered said matter and beg leave to report as follows, to wit:
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Submit the accompanying ordinance and recommend its adoption
I n the year two thousand an seven
An Ordinance amending an ordinance relative to disposal of surplus tangible supplies have considered said
matter and beg leave to report as follows, to wit:
Be it ordained by the City Council of the City of Beverly as follows:
ADD: Chapter 27 Purchasing
Article I
29-1 Disposal of Surplus Property with a Value of Less than Five Thousand Dollars.
Pursuant to M.G.L. Chapter 30B, Section 15(f) Disposal of Excess Supplies, Procedures, the Chief
Procurement Officer, or his designee, may dispose of surplus property (other than real property) which has
been determined by the Department Head, in whose care and custody such surplus property is, to have a
value of less than Five Thousand and no/100 ($5,000.00) Dollars by the following procedure:
(1) The Department Head desiring to dispose of said surplus property shall write a letter to the Chief
Procurement Officer, or his designee, setting forth in detail a complete description of the surplus
property and a statement as to how a value of less than $5,000.00 was determined;
(2) The Chief Procurement Officer, or his designee, shall post on the City of Beverly's City Hall bulletin
board the availability of the surplus property and where, when and how it may be inspected by the
public;
(3) The Chief Procurement Officer, or his designee, shall seek written or oral quotations from no fewer
than three persons. The Chief Procurement Officer, or his designee, shall record the names and
addresses of all persons from whom quotations were sought, the names of persons submitting bids
and the date and amount of each bid.
(4) The Chief Procurement Officer, or his designee, shall award the surplus property to the highest of
the bidders. If only one bidder bids on any item, the Chief Procurement Officer, or his designee, at
his discretion mayor may not award said surplus property to said bidder;
(5) If there is no bid received on anyone of the items listed as surplus, then the Chief Procurement
Officer, or his designee, may donate the same to charity;
(6) In addition, a Department Head desiring to dispose of surplus property may request from the Chief
Procurement Officer, or his designee, approval to trade in such item towards a new purchase. The
Chief Procurement Officer may approve of such method if he feels it is in the best interest of the
City of Beverly.
This ordinance to take effect as per charter provisions
Ordinance read once and held for final passaqe as per charter provisions 9-0 Vote
#104
The Committee on Legal Affairs to whom was referred the matter of Joint Public Hearing with Planning 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 hold a Joint Public Hearing on Monday, June 18,
2007 at 7:05 PM relative to the rezoning of a portion of Lot at 480-496 Rantoul Street from General Industrial
(IG) to Central Business (CC).
Order read once and adopted 9-0 Vote
#120
The Committee on Legal Affairs to whom was referred the matter of Applications for Second Hand Junk
Dealers Licenses for 2007 have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be granted
Order read once and adopted 9-0 Vote
75
#109
The Committee on Public Services to whom was referred the matter of communication relative to flooding
issues at Foster and Common Lane 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
#136
The Committee on Public Services to whom was referred the matter of Petition of National Grid for
installation of 2 JO poles on Greenwood Avenue 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 June 4, 2007 at
7:10 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for the
installation of two Joint Owned Poles in Greenwood Avenue and for the installation of 2 - 4" EB conduits
Order read once and adopted 9-0 Vote
#111
The Committee of the Whole to whom was referred the matter of naming of Former Vitale Site 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:
Resolutions:
Motions and Orders:
#139
By Councilor Guanci:
Ordered: That the City Council review an Ordinance entitled Public Works, Article One, Trash Removal and
Disposal Service Fee.
Refer to Leqal Affairs
#140
By Councilor Grimes:
Ordered: That the Code of Ordinances, City of Beverly, Ma is hereby amended by adding the following
language after the end of the last sentence of Section 3-338, as now appearing:
The Director of Public Services shall, prior to July 1, 2008 and prior to July 1 of each subsequent year ending
in an even number, submit to the Clerk of the City Council a written plan, which shall thereafter govern the
repair of highways, streets and bridges pursuant to the preceding sentence. Such plan shall include, but
need not be limited to, a list of repairs so selected, the criteria of selection, estimates of cost and funding
sources, planned time sequence of such repairs, estimates of when such repairs shall occur, and provision
for emergency repairs. Each such plan shall, as soon as may be practicable, be reviewed by the Committee
on Public Services, and may be reviewed by the City Council. Such Committee shall, and such Council may,
comment upon such plan.
Refer to Public Services
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#141
By Councilor Flaherty:
Ordered: Amended to recommend That the City of Beverly renegotiate the contract with JRM concerning the
compost facility in order to open more days during the spring and fall.
Copies To Solicitor, Mayor and Engineering
Refer to Finance and Property
Meeting adjourned:
10:25PM
Frances A. Macdonald, CMC
City Clerk
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