2009-05-04 (2)
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: Monday, August 17, 2009 2:40 PM
To: minutes@beverlyma.gov
Subject: May 4, 2009
Regular Meeting
Beverly City Council 7:00, PM May 18, 2009
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Pledge of Allegiance to the Flag: Led by Councilor Coughlin
Public Hearings and Public Speakers:
7:00PM
Amanda Mazzaglia-Elliott Chambers
7:15 PM
Public Hearing - Loan Order Chubbs Brook Funding
Refer to Finance and Property
7:30 PM
Public Hearing-Appropriation-Debt Service MBT A Garage (Cancelled)
Refer Order back to Finance and Property to set new hearing
Acceptance of Minutes:
Meeting of May 4,2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#75
-
May 18, 2009
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 Subordination of Mortgage Agreement for property
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of9
owned by Lisa and Michael Curtis at 20 Cressy Street, Beverly, MA 01915.
Attached is a communication from Community Development Manager, William O'Hare concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs 9-0 Vote
#76
May 18, 2009
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 Subordination of Mortgage Agreement for property
owned by Lisa and Stephen Duzz at 9 Longfellow Street, Beverly, MA 01915.
Attached is a communication from Community Development Manager, William O'Hare concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs 9-0 Vote
#77
May 18, 2009
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 Agreement to Relocate Drainage Easement for the
CVS property at the corner of Elliott and Rantoul Streets.
Also attached is a communication from Mark B. Glovsky concerning this request along with a Memo from Mike Collins and Frank Killilea
estimating what it would cost the City to do the proposed drainage relocation.
Very truly yours,
William F. Scanlon, Jr., Mayor
Return to:
(SPACE ABOVE THIS LINE RESERVED FOR REGISTRY OF DEEDS USE)
AGREEMENT TO RELOCATE
DRAINAGE EASEMENT
THIS AGREEMENT TO RELOCATE DRAINAGE EASEMENT (this "Agreement") is made this _ day of ____,2009 by and between ARDI COMPANY, LLC, a
Massachusetts limited liability company, having a principal place of business at 860 Massachusetts Avenue, Arlington, Massachusetts 02476 (the "Owner"), and the CITY OF
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of9
BEVERLY, a municipal corporation having a principal place of business at Beverly City Hall, 191 Cabot Street, Beverly, Massachusetts 01915 (the "City").
WHEREAS, the Owner owns the Property situated in Beverly, Essex County, Massachusetts situated on the corner of Elliott Street and Rantoul Street and more
particularly described on Schedule A attached hereto and incorporated herein by this reference (the "Property"); and
WHEREAS, the Property was encumbered by an easement for the purpose of maintaining a surface drain and catch basins granted by John Guiliani to the City
by an instrument dated July 30, 1952, and recorded with the Essex South District Registry of Deeds in Book 3926, Page 388 (the "1952 Easement"); and
WHEREAS, the 1952 Easement was superseded and replaced by a Drain Easement granted by Linnshore Corporation to the City, dated December 10, 1986,
which easement is attached hereto as Exhibit A (the "Drain Easement"); and
WHEREAS, the Owner intends to redevelop the Property and has requested the City to relocate the existing drainage system on the Property in accordance with
the terms of the Drain Easement; and
WHEREAS, the Owner has been requested by the City to assume the City's obligation to relocate the existing drainage system; and
WHEREAS, Owner is willing to assume such responsibility;
NOW, THEREFORE, in consideration of TEN DOLLARS ($10.00) and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged and agreed, the parties agree as follows:
1. Grant of New Easement. All of the City's rights and easements under the Drain Easement shall be relocated to the area shown as "Proposed Drain
Easement to the City of Beverly - Area = 5,187 sq. ft." on a plan entitled "Plan of Land in Beverly, Massachusetts, Prepared for Dikran and Arpi Meguerditchian", dated March
4, 2009, attached hereto as Exhibit B. Said relocated easement area shall be referred to herein as the "Drainage Easement Area." The Owner hereby grants to the City,
the perpetual, non-exclusive, right and easement to use the Drainage Easement Area for the purpose of constructing, laying and forever maintaining a surface drain (together
with any pipes, pumps, manholes, conduits and other appurtenances thereto, the "Drainage Equipment"). The rights and easements granted herein shall include the right to
pass and repass within the Drainage Easement Area in order to accomplish the construction, laying and maintenance of the Drainage Equipment.
2. Extinguishment of Prior Rights. Effective upon the installation and operation of the Drainage Equipment in the Drainage Easement Area, all of
the City's rights and easement to use the area shown as the "Relocated 10' Wide Drain Easement to City of Beverly to be Relocated" on Exhibit B shall be extinguished and
released and shall be of no further force and effect. Additionally, all rights of the Owner with respect to any future need to relocate the drainage easement, as set forth in the
Drain Easement, are hereby released.
3. Owner's Work. All relocation and installation work (the "Owner's Work") shall be performed at the sole cost and expense of the Owner in a careful,
workmanlike manner using first class materials and procedures, and in accordance with good engineering practice and applicable laws, codes, ordinances and regulations.
4. City's Obligations. After completion of the Owner's Work, all future maintenance, repair and replacement of the Drainage Equipment shall be the
obligation of the City. In the exercise of the easement and rights granted hereunder, the City shall take all steps necessary to prevent the creation of any nuisance or
unreasonable disturbance, noise, dust or vibration. The City shall restore the area as near to its original condition as may be possible, all within a reasonable time after any
work within the Drainage Easement Area. Except in an emergency, the City will give the Owner at least twenty (20) business days notice of any proposed work pursuant to
this easement. If, in the exercise of its rights hereunder, the City shall fail to fulfill its obligations to conduct all work in an expeditious and workmanlike manner, the Owner
shall have the right to complete such work and the City hereby indemnifies Owner against any loss, cost, or claim relating thereto.
5. Owner's Continuing Rights. The Owner and others to whom the Owner may grant rights shall have the right to fully use and enjoy the surface and
subsurface of the Drainage Easement Area for any use which does not materially interfere with the exercise by the City of the rights and easements granted herein.
6. Indemnitv. The City shall indemnify and hold the Owner harmless for any loss, cost, damage or reasonable expense from any and all claims,
actions or suits arising or resulting from the exercise by the City, its agents or employees, of any rights granted under this Agreement, including without limitation, the City's
performance of any construction, maintenance or operation of the Drainage Equipment.
7. Binding Effect. The foregoing easements and rights shall be binding upon, and inure to the benefit of, the Owner and the City, and their respective
successors in title, and shall run with the land and not be limited as to duration.
Executed as a sealed instrument as of the date first written above.
OWNER:
CITY:
ARDI COMPANY, LLC,
a Massachusetts limited liability company
CITY OF BEVERLY
Name:
Title:
By:_____________
William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from Other City Officers and Boards:
#78
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of9
Invitation from Veterans Agent to march in Memorial Day Parade on Sunday May 24 at 1 :30 PM
Receive and Place on File
#84
Comm. from Design Review Board re Sandwich Board sign Sub-Marino's Cafe, 200 Rantoul St.
Refer to Legal Affairs
#79
Lease Agreement Beverly Airport Commission and Roma Ventures II, Inc.
Refer to Legal Affairs
Communications, Applications and Petitions:
#80
Application for additional Amusement Device at Italian Community Center
Refer to Legal Affairs
#81
Annual report Massachusetts Electric Company
Receive and Place on File
#82
Claim-Melissa Meskell, (Pothole)
Receive and Place on File
Refer to City Solicitor
#83
Claim-Donna Cadorette
Receive and Place on File
Refer to City Solicitor
#85
Invitation to "Friends of Cove Park" kickoff Fundraising Campaign and Yard Sale June 6 at Cove Community Center
Receive and Place on File
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of9
Reports from Committees:
#17
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Ordinance Public Works Trash
Removal and Disposal Service Fee 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 nine
An Ordinance Amending an ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Section 20-9 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended as follows:
1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2009, on all residential structures of 6
units or less. Residential structures of more than 6 units currently serviced by the City of Beverly will continue to be serviced at
$100.00 per unit.
2. Commercial: A minimum fee of $300.00 is hereby established for all commercial entities currently being serviced by the City of
Beverly. The final fee and conditions shall be subject to the determination of the Director of Engineering, who shall establish a
written standard therefore.
3. Discounts and Waivers:
(a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling unit with an income of
$30,069.00 or less for a single adult; $38,399.90 or less for two or more adults will be eligible for a fifty percent (500/0) discount of
this fee.
(b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or condominium with an income of
$18,259.00 or less for a single adult; $20,419.00 or less for two or more adults, will be waived.
(c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using the Adjusted Gross Income
(AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no income tax return has been filed for tax years 2006 or
2007, equivalent documentation of income, to be provided to the City Engineer under the pains and penalties of perjury. Age
shall be documented by driver's license, birth certificate, or equivalent proof. Any resident with a "life estate" interest in a
residential property will be treated as if he and/or she were the record owner of the property. In one, two or three family housing
types where the tenant and the homeowner both meet the eligibility requirements for the waiver or both meet the eligibility
requirements for the discount, such waiver or discount shall be granted to the homeowner.
(d) Vacancies: Any property owner who owns an unoccupied unit shall be eligible to receive a credit for each full six month
period for which the unit is not occupied. Property owners must provide documentation to the City Engineer signed under the
pains and penalties of perjury demonstrating that the unit was vacant during the entire six month billing period for which such
credit is requested. Eligibility shall be determined by the City Engineer using a water bill, or in cases where a unit's water meter
is not separate from another unit, a letter or billing statement from the Electric Company.
(e) Penalty: The City Engineer shall assess applicants a fine of not more than $250.00 for submitting false documentation.
4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the Collector of the City of
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f9
Beverly, a lien upon the property.
5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the subject property's water and
sewer bill cycle.
6. This fee shall not be increased for any reason other than to offset an increase in the incineration cost per ton ("tipping fee") or an
increase in the contractual trash removal cost, and in such cases, the trash fee may n09t be increased beyond an amount equal
to the increases in these costs.
7. Exemption: Any person who can demonstrate and document to the satisfaction of the City Engineer an alternative lawful
disposal method may apply for an exemption from the fee.
8. Review: This ordinance is subject to a vote by 1, March 2010 by the City Council whether or not to continue through 2010.
The Council will review City collections, overall effectiveness and the recommendations put forth by the Mayor's appointed Trash
Committee. As with any City ordinance, the Council has the power to either change or delete an ordinance by a simple majority
vote.
9. Sunset Clause: This Order expires on 1 July, 2010.
Ordinance read once and held for final passage as per charter provisions
Roll Call Vote:
Yea:
Cronin. Coughlin. Grimes. Hobin. Slate. Troubetaris. Flaherty
Burke, Martin
None
Nay:
Absent:
#59B
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order Chubbs Brook 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 Mayor for an appropriation in the amount of Three Million seven hundred and
eight thousand three hundred ($3,708,300 ) dollars for construction and reconstruction of Chubbs Brook Drainage Project.
Loan Order: That $3,708,300 is appropriated for the purpose of financing the construction and reconstruction of sutface drains, sewers
and sewerage systems in the Norlh Beverly Brook and Chubbs Brook areas, including without limitation all costs thereof as defined in
Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer, with the approval of the Mayor and the
Director of Municipal Finance and the Committee on Finance and Properly, is authorized to borrow $3,507,000 and issue bonds or notes
thereof under Chapter 44 and/or Chapter 29C of the General Laws; that such bonds and notes shall be general obligations of the City
unless the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Properly
determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of
Chapter 29C; that the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and
Properly is authorized to borrow all or a porlion of such amount from the Massachusetts Water Pollution Abatement Trust established
pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or security agreement with the Trust and
otherwise to contract with the Trust and Deparlment of Environmental Protection with respect to such loan and for any federal or state aid
available for the project or for the financing thereof,. that the Mayor is authorized to enter into a project regulatory agreement with the
Deparlment of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out
the project; that the Treasurer is authorized to file an application 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 may be required for these purposes; and that all bonds or notes issued
pursuant to this order shall be cerlified in writing as to their genuineness by a bank or trust company situated and doing business in
Massachusetts to be selected by the Committee on Finance and Properly.
First Passage:
Public Hearing:
Final Passage
May 4, 2009
May 18, 2009
May 18, 2009
Order read once and adopted by Roll Call Vote
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f9
Roll Call : Yea:
Nay:
Absent:
Burke, Cronin, Coughlin, Grimes, hobin, Martin, Site, Troubetaris, Flaherty
None
none
#70
The Committee on Finance and Property / Committee of the whole to whom was referred the matter or Debt Service MBT A Garage 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 June 1, 2009 at 7:25 PM in Council Chambers, Third Floor, 191
Cabot Street, Beverly, MA relative to the enclosed appropriation for construction of a parking garage at the Beverly Depot:
Ordered that $500,000 is appropriated for the City's share of the cost of the construction of a parking garage at the Beverly Depot; that to meet this appropriation
the Treasurer with the approval of the Mayor and Director of Municipal Finance is authorized to borrow $500,000 under Chapter 44 of the General Laws or any
other enabling authority; that the Mayor is authorized to contract for and expend any federal or state aid available for the project; that the Mayor is authorized to
enter into an agreement or agreements with the Commonwealth of Massachusetts, the Massachusetts Bay Transportation Authority or any other public authority,
pursuant to Chapter 40, Section 4D of the General Laws or any other general or special law in connection with the joint carrying out of this project; that the Mayor
is authorized to take any other action necessary to carry out this project; and 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
Municipal Finance Oversight Board may require for these purposes.
First Passage:
Public Hearing:
Final Passage:
May 4, 2009
June 1, 2009
June 1, 2009
Order read once and adopted 9-0 Vote
#71
The committee on Finance and Property to whom was referred the matter of Tax Increment Financing Agreement Cell Signaling 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 Mayor for the enclosed TIF for Cell Signaling
Order read once and adopted 9-0 Vote
#40
The Committee on Legal Affairs to whom was referred the matter of communication relative to Solid Waste Management Committee
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
#62
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Design Review re
Sandwich Board Sign, 205 Essex St. have considered said matter and beg leave to report as follows, to wit:
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f9
Receive and Place on File
Order read once and adopted 9-0 Vote
#72
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Zoning 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 refer Zoning Ordinance re Parking and Inclusionary zoning Ordinance to Planning Board and that a Joint
public hearing be set for Monday, June 15,2009 at 7: 15 PM in Council Chambers, Third Floor City Hall, 191 Cabot Street Beverly, MA
Order read once and adopted 9-0 Vote
#75
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Subordination of Mortgage Lisa and Michael
Curtis 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 enclosed Subordination of Mortgage for Lisa and Michael
Cu rtis for property at 20 Cressy Street.
Order read once and adopted 9-0 vote
#76
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Subordination of Mortgage Lisa and
Stephen Duzz 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 enclosed Subordination of Mortgage for Lisa and Stephen
Duzz for property at 9 Longfellow Street
Order read once and adopted 9-0 vote
#84
The committee on Legal Affairs to whom was referred the matter of Sandwich Board Sign Sub-Marino's Cafe, 200 Rantoul Street have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the sign recommendation
Order read once and adopted 9-0 Vote
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 90f9
#16
The committee on Public Services / Committee of the Whole to whom was referred the matter of Elliott Chambers Fire Memorial 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
#67
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication re Clean and Renewable
Electricity 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
Unfinished Business:
Motions and Orders:
#86
By Councilor Burke:
Ordered: That the following Fire Department Retirees be issued Resolutions for their years of Service
Deputy Wayne H. Francis
Firefighter Wilbur S. Holden
Firefighter David G.Laverdier
33 years of service
29 years of service
25 years of service
Order read once and adopted 9-0 Vote
Meeting adjourned: 8:55 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009