2009-04-21
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of9
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Thursday, April 23, 2009 10:14 AM
To: minutes@beverlyma.gov
Subject: meeting
Regular Meeting
Beverly City Council 7:00, PM April 21, 2009
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes , Kevin Hobin, , D. Wesley Slate,
Jr., Maureen Troubetaris, Timothy Flaherty Councilor Donald Martin was absent
Pledge of Allegiance to the Flag: Led by Councilor Slate
Public Hearings and Public Speakers:
7:00PM
Fred Hopps-Clean Energy Report
7:10 PM
Letter from Charlie Flowers re Clean Renewable Electricity
7:15 PM
Public Hearing National Grid
Refer to Public Services
7:20 PM
Sheila Field-Chamber re Trash
7:30 PM
Mayor Scan Ion
Immediately Following-Mary Rodrick re Trash Ordinance
Acceptance of Minutes:
Meeting of April 6,2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#59
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April 21,2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
We plan later this week to communicate a program through union leadership and department heads to all employees which will offer an
incentive to all city side employees who are close to retirement to make that election in the short term. We will do so by offering a one-time
cash incentive of $10,000 to such employees. The incentive will have no impact on pensions. You will receive copies of this offer as soon
as they are available.
We present to you tonight an outline of steps required to complete the design and permitting of additional measures to improve the Chubbs
Brook Drainage area. We will need a Public Hearing on this subject. We also wish to give you a brief overview at this time.
As you know, the North Beverly Drainage Project is underway. The only remaining element in our major storm drainage improvements is
the further buttressing of the Chubbs Brook Project.
There are several recent positive developments regarding Chubbs Brook.
First, Mass Highway and the MBT A have each agreed to construct and pay for the needed improvements at Lee's Crossing and the
railroad culvert respectively provided that we produce construction drawings of the needed improvements. These improvements are
expected to cost those agencies about $1,000,000. Our design costs for which we have firm quotes will total $93,300.
We also need to complete the design of Flood Storage Area 5, the recently identified additional storage area. Lastly, we have also
identified a major obstacle to runoff beneath North Haskell Street at Dix Park.
A detailed design of improvements at this location is also needed. In total we need to appropriate $201,300 for completion of all design
work and necessary permitting. I would ask that you set a public hearing for this purpose at your first convenience. If possible, we will
treat this appropriation as a modification to the recently passed Loan Order regarding the North Beverly Brook.
We will at a later date need an appropriation for the construction of the improvements not including those to be performed by the MBT A
and Mass Highway at their cost.
In summary form, Storage Area 5 will keep a significant amount of water upstream so that we will not have to deal with it. Haskell Street
improvements will reduce the build up of water along Goodwin Road. Previously approved Dix Park improvements will allow us to store
more water than previously thus further aiding Goodwin Road residents. The train crossing and highway crossing will clear water out much
faster than before from the lower reaches of Chubbs Brook thus helping those down stream. Let me repeat that we are very pleased with
the strong cooperation from Mass Highway and the MBT A.
You have likely read that we have settled the abatement requests by Cummings Properties for Fiscal Years 2005, 2006, 2007 and 2008.
The Beverly Citizen has recently published a thorough story regarding this matter. We have expended significant funds for professional
services including appraisals and outside legal services in order to defend our position as to assessed values. We request tonight an
appropriation of $200,000 to be transferred from "Free Cash" to the Solicitor's Litigation Account to cover these expenses. (Read letter
from John Dunn.)
The public, at large, very likely does not realize that the impact of abatements in the years which follow the abatement often mean the
transfer of tax obligations from the successful appellant to all the other tax payers in the city. The city doesn't actually lose the money.
Rather it gets the money from all other taxpayers. Thus it is very important from the viewpoint of fairness to all citizens that the city defend
its assessments.
And I can assure you that the city makes every effort to ensure that those assessments are fair and just in the first place.
I also wish to note that after paying the abatements granted we will shortly be making a transfer from the remaining Reserve for
Abatements to Free Cash more than sufficient to make up the $200,000 requested this evening. The Reserve for Abatement is commonly
known as the Overlay Account.
Thus in summation we have been able to resolve the four years FY 2005, 2006, 2007 and 2008 from reserves established for that
purpose. We have in hand a request for abatement for FY 2009 which will be resolved at some future date.
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With respect to the Beverly Airport I now wish to read a letter to me from John Dunn, Finance Director.
You will note that we expect the airport to finish this Fiscal Year with a deficit. The Airport Commission intends to operate next fiscal year
with less personnel than at present thus creating a surplus in next year's operating budget.
On other fronts recycling continues to improve. In the first three months of calendar 2009 total trash tipped at RESCO is down 556 tons
from last year.
We have received a stimulus grant in the amount of $169,600. We are working now to determine the best project on which to use the
grant. It is important that we develop projects whose contributions are meaningful. In other words we do not seek demonstration projects.
We may be able to package the grant with other grants and programs which are available. One possibility is improvements to City Hall
which might include a new and efficient heating system, wall and roof repairs and window improvements. I will keep you advised on this
matter.
At your next regular meeting I hope to update you on several issues as well as the latest information regarding Local Aid from Beacon Hill.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from Other City Officers and Boards:
#60
Communication from parking and Traffic commission relative to additional Signage on a portion of Rantoul Street
Refer to Legal Affairs
#61
Communication from ADA Coordinator relative to North Beverly "Boundless" Playground funding
Receive and Place on File
#62
Communication from Design Review Board relative to sandwich Board Sign It's All good Cafe at 205 Essex Street
Refer to Legal Affairs and
Building Inspector
#63
Beverly Public Library request for waiver of Ordinance, alcohol in public building for occasion on May 29, 2009
Recommend the Waiver be Granted
Communications, Applications and Petitions:
#64
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Application Second hand Junk Dealers License - Blockbuster, Inc. 33 Dodge St.
Refer to Legal Affairs
#65
Communication from American diabetes Association relative to Tour de cure to be held on Sunday, May 31,2009
Receive and Place on File
#66
National Grid d/b/a Boston Gas Company Annual Return
Receive and Place on File
#67
Communication from Charlie Flowers relative to renewable electricity
Refer to Public Services
#68
Claim-Pothole damage June Biancucci
Receive and Place on File
Refer to City Solicitor
Regorts from Committees:
#34
The Committee on Legal Affairs to whom was referred the matter of Ordinance Ice and Snow have considered said matter and beg leave
to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#39
The Committee on Finance and Property to whom was referred the matter Communication relative to Boarders have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
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#59
The Committee on Finance and Property to whom was referred the matter of litigation 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 May 4, 2009 at 7: 15 PM in Council Chambers,
Third Floor, 191 Cabot Street, Beverly, Ma relative to a transfer from General Fund Free Cash to the solicitor's Litigation account in the
amount of $200,000 to pay legal and professional bills incurred during the Beverly Commerce park/Beverly Assessors A TB cases.
First Passage:
Public Hearing:
Final Passage:
April 21,2009
May 4, 2009
May 4, 2009
Order read once and adopted 8-0 Vote
#59A
The Committee on Finance and Property to whom was referred the matter of Beverly Airport improvement projects 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 May 4, 2009 at 7:45 PM in Council Chambers,
Third Floor, 191 Cabot Street, Beverly, Ma relative to Beverly Airport Enterprise Fund appropriation in the total amount of $2,407,000 to
fund various Airport Improvement Projects and snow removal operating costs.
First Passage:
Public Hearing:
Final Passage:
April 21,2009
May 4, 2009
May 4, 2009
Order read once and adopted 8-0 Vote
#59B
The Committee on Finance and Property to whom was referred the matter of Chubbs Brook Drainage
matter and beg leave to report as follows, to wit:
have considered said
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 May 18, 2009 at 7: 15 PM in Council Chambers,
Third Floor, 191 Cabot Street, Beverly, Ma relative Chubbs Brook Drainage Project Financing
Order read once and adopted 8-0 Vote
#44
The Committee on Legal Affairs to whom was referred the matter of Ordinance relative to Noise have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
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In the year two thousand and nine
An Ordinance amending an ordinance entitled Offenses and Miscellaneous Provisions
Be it ordained by the City council of the City of Beverly as follows, to wit:
In the year two thousand and nine
An Ordinance Amending an ordinances entitled Offences and Miscellaneous Provisions, Article I in General
Amend Chapter 15 of the Revised City Ordinances by adding Sections 15-34, 15-35, 15-36, 15-37, 15-38 and 15-39 as follows:
Sec. 15-34. Vehicle Repairs. Testing. and Operation
No person shall operate, repair, or test any motor vehicle or motorcycle in such a manner as to cause a noise disturbance across a
residential real property boundary or upon a public way.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100 and for any subsequent offense to
a fine of $150.
Sec. 15-35. Definition-Sound-Producing Equipment.
For the purposes of Sec. 15-36 through 15-39 hereafter sound-producing equipment shall mean any musical instrument, radio, music
player, boom box, tape cassette, disc player, television, audio system or any other similar type of device for the creation or reproduction of
sound.
Sec. 15-36. Sound-Producing Equipment; General Prohibitions; Penalties for Violations
No person shall operate any sound-producing equipment upon any public or private property in the City in a manner or at a volume as to
disturb the quiet, comfort, or repose of other persons. This section shall apply to all establishments operating with an entertainment
license. This section shall not apply to organized events that have received a valid permit from the City for such event.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-37. Sound-Producing Equipment in Motor Vehicles or Upon Motorcycles
No person shall operate any sound-producing equipment in a motor vehicle or upon a motorcycle or similar vehicle at such volume as to
disturb the quiet, comfort, or repose of other persons, or at a volume that is plainly audible to persons other than the occupants of such
vehicle at a distance of at least twenty-five (25) feet from the vehicle.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-38.
Police Authority to Seize Sound-Producing Equipment Causing Excessive Noise
The Police shall have the authority to seize sound-producing equipment installed in motor vehicles or carried on the public ways, when
used in violation of this Ordinance. Authority shall extend to impoundment of the vehicle if such sound-producing equipment cannot be
easily detached.
When the determination is made to seize any sound-producing equipment, the Police shall obtain the identity of the owner or person
operating the sound-producing equipment and give that person a receipt listing and describing items seized. If sound-producing
equipment used in violation of this ordinance is to be seized but cannot easily be removed from the motor vehicle, Police shall have
authority to impound the vehicle with all its contents, major items of which shall be inventoried on a list kept by Police, a copy of which is to
be supplied to the owner.
If the motor vehicle seized is owned by a different person or business entity, Police shall send notice of seizure and a receipt identifying the
vehicle confiscated and its contents to the owner.
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Sound-producing equipment seized and impounded hereunder shall be kept in custody until fines are paid or judicial process involving the
case has been completed.
For repeat offenses or a flagrant violation of this Ordinance, Police may seek permission in court for disposition or destruction of the seized
sound-producing equipment.
Sec. 15-39
Loud Parties/Music on Residential Premises
No person shall play any sound-producing equipment upon residential premises in a manner or at a volume as to disturb the quiet, comfort
or repose of neighboring residents or at a volume that is plainly audible to persons other than those who are in the room in which such
sound-producing equipment is played and who are voluntary listeners thereto.
The landlord or owner of the premises, if not among the offenders, shall receive notice of the offense.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, for a second offense to a fine of up
to $150, and for any subsequent offense to a mandatory fine of $200.
This ordinance to take effect upon passage.
Ordinance read once and held for final passage as per charter provisions 8-0 Vote
Councilor Burke Requested ordinance be held until next meeting May 4. 2009
#46
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T relative to 15 minute parking 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 nine
An ordinance amending an ordinance entitled Motor Vehicles and Traffic
Be it ordained by the City Council of the City of Beverly as follows, to wit:
ADD: Cha 14-123 Rantoul Street, East Side, at the intersection of Pond Street, beginning 20 feet north of Pond Street northerly
to the first curb cut on Rantoul Street (3Spaces)
This ordinance to take effect upon final passage.
Ordinance read and held for final passage as per charter provisions 8-0 Vote
#47
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for handicap parking space at 67
Wallis Street have considered said matter and beg leave to report as follows, to wit;
Recommend the council Approve the Request
Order read once and adopted 8-0 Vote
#48
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for handicap parking space at 22
Pleasant Street have considered said matter and beg leave to report as follows, to wit;
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Recommend the council Approve the Request
Order read once and adopted 8-0 Vote
#49
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Livery License NDARYD
have considered said matter and beg leave to report as follows, to wit;
Recommend the License be granted
Order Read Once and Adopted 8-0 Vote
#51
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Class II MVDL have
considered said matter and beg leave to report as follows, to wit;
Recommend the License be granted for 3 outside spaces for employees and not to exceed 6 inside spaces
Order Read Once and Adopted 8-0 Vote
#54
The Committee on Legal Affairs to whom was referred the matter of Communication re conservation Restriction 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 is hereby authorized to sign the enclosed Conservation Restriction as per the request of Gwenn Evitts
owner of the land.
Order read once and adopted 8-0 Vote
#32
The Committee on Public Services to whom was referred the matter of petition of national Grid for conduits in Boyle Street have
considered said matter and beg leave to report as follows to wit;
Recommend the Petition be Granted
Order read once and adopted 8-0 Vote
#45
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointments to the Historic District
Commission of John Condon, Matthew Lewis and Ralph Turcotte have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the Appointments
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Order read once and adopted 8-0 Vote
#55
The Committee on Public Service / Committee of the Whole to whom was referred the mater of communication relative to name of SPC
Stephen Fortunato Square have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the intersection of Rantoul Street and Broadway be, and the same hereby designated "SPC Stephen Fortunato Square", in
accordance with the recommendation of his Honor the Mayor, and the Beverly Veterans Council. The intersection should be appropriately
marked to indicate this designation.
Order read once and adopted 8-0 Vote
Unfinished Business:
Motions and Orders:
Meeting adjourned: 1 0: 15 PM
Frances A. Macdonald, CMC
City Clerk
4/24/2009