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1995-08-23155 SPECIAL MEETING OF THE BEVERLY CITI COUNCIL, AUGUST 23, 1995 at 7|00 P.M. ROLL CALL: Present: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Troubetaris, Nardella Absent: None Rollins, PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Mahan COMMUNICATIONS FROM HIS HONOR THE MAYOR: #318A Mrs. Constance Perron City Clerk Dear Mrs. Perron: I hereby request a Special Meeting of the Beverly City Council to be held on Wednesday, August 23, 1995 at 7:00 p.m. in the Council Chamber, third floor, City Hall for the purpose of submitting nominations to various Boards and Commissions. Agenda: Roll Call Pledge of Allegiance to the Flag Communications from His Honor the Mayor Communications from other City Officers and Boards Communications, Petitions, etc. Committee Reports Unfinished Business Motions and Orders Very truly yours, William F. Scanlon, Jr., Mayor Received and Placed on File #319 Beverly City Council City Hall Beverly, MA 01915 Ladies and Gentlemen of the Council: As you know, in the spring of 1994 the Briscoe School Re-use Commission was reactivated in order to explore and recommend a beneficial re-use for the site. Over the last year and a half the Commission, led by Neiland Douglas, has been investigating alternative re-use options. This investigation included the hiring of an architectural firm and marketing consultant to prepare a feasibility study of the different redevelopment options available for the site. The study recommended several re-use scenarios which included both residential and office uses. Following the completion of a feasibility study, the Commission solicited proposals from organizations interested in redeveloping the site in accordance with the reuse alternatives outlined in the feasibility study, as well as more specific criteria outlined in the Commission's Request for Proposals (RFP). The Commission received four proposals for redevelopment of the site. all four of the proposals called on some form of residential housing for re-use of the former school. Upon receipt of the proposals, Commission members immediately began the task of reviewing the same in order to assess and evaluate each proposal in relation to the selection criteria outlined in the RFP. Approximately two weeks following the submission of proposals, the Commission made a unanimous decision to recommend that Simsbury Associates be selected as the developer for the Briscoe School. The Simsbury proposal 156 includes the creation of 79 units of elderly, assisted living housing, as well as a 5,000 square foot day care center to be operated by the Beverly Children's Learning Center. The Briscoe School Re-Use Commission has prepared the attached Final Report which outlines the methodology employed by the commission in making a recommendation. Upon learning of the commission's recommendation, I met with the principals of Simsbury Associates to discuss their proposed project in greater detail. Given the fact that the Briscoe School is located on a compact site, my initial concern regarding the project involved the availability of on -site parking. Following further discussions with Simsbury Associates and additional investigation of site design options, I am confident that the project will be able to adequately service the parking needs of the proposed development, as well as provide opportunities for those who currently park on site. It is my intention to ensure that this development will not impose additional parking burdens on those who live and work in the neighborhood, thereby maintaining a "parking neutral" environment. In addition to resolving initial parking concerns, over the last six weeks the team from Simsbury Associates has also been working with City officials to review proposed purchase and sale terms. At the present time, a draft option agreement has been prepared that would give the developer six months to finalize design plans and secure financing. A draft copy of the option agreement is attached for your review. this agreement will provide Simsbury Associates with evidence of site control, which is required in order to apply for the necessary project financing and permits. In consideration of the aforementioned, I am writing to request that the former Briscoe School be declared surplus property and that Simsbury Associates be designated the developer for the site. In addition, I am seeking authorization to execute an agreement for the purchase and sale of the former school building. I have attached a draft Order for your consideration. Thank you for your consideration in this matter. Sincerely, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE OF THE WHOLE AND THE PROPERTY COMMITTEE ON FINANCE AND #320 Honorable City Council City Hall Dear Honorable Council: As you know, the City was recently awarded a $1,000,000 grant from the Massachusetts Highway Department Public Works Economic Development (PWED) Program. This funding will be utilized to help pay for the design and construction of a proposed, new roadway to be located adjacent to the Beverly Municipal Airport. The construction of this roadway and the installation of water and sewer lines will allow further development within this currently underutilized industrially zoned area. If fully developed, it is anticipated that this area could prove an additional $2,000,000 in annual tax revenues to the City. The PWED Grant Program was established to help fund transportation related projects that enhance economic opportunities within local cities and towns. PWED funds must be expended in accordance with the following scope of work, as outlined in the grant agreement: Engineering and Design Activities Excavation, Filling and Grading Paving Drainage Curbing Sidewalks Lighting Landscaping 156 The City has proposed that this funding be allocated to the project in the form of a 0% loan that will be repaid as the property is developed. The City anticipates assessing a per acre or per lot fee to each development that is constructed as a result of the new roadway. Thus, all grant funds will be returned to the City for use on other municipal projects. At the present time, I am writing to request authorization to execute the necessary grant contract as required for acceptance of the PWED Grant. City Solicitor Marshall Handly has reviewed the contract and determined that the document does not bind the City to construct the roadway. Execution of the contract will merely ensure that this funding is in place in the event that the roadway project proceeds to construction. Thank you for your consideration of this matter. Sincerely, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE OF THE WHOLE #321 Honorable City Council City Hall Dear Honorable Council: I hereby request that authorization be given this evening to execute the necessary grant contract for acceptance of the Massachusetts Highway Department Public Works Economic Development (PWED) Program as per my attached communication. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE OF THE WHOLE #322 Honorable City Council City Hall Dear Honorable Council: I hereby submit for individuals to serve Council: your information the appointment of the following as members of the Economic and Community Development Mr. Nicholas Zavolas 78 Lovett Street Beverly, MA 01915 Ms. Melissa Nicholson Executive Director Beverly Chamber of Commerce 248 Cabot Street Beverly, MA 01915 Very truly yours, William F. Scanlon, Jr., Mayor RECEIVED AND PLACED ON FILE #323 Honorable City Council City Hall Dear Honorable Council: 157 158 I hereby appoint, subject to your confirmation, the attached list of Beverly registered voters as election workers for the 1995 elections and the Presidential Primary on March 5, 1996. Attached is communication from City Clerk Constance Perron concerning these appointments. Very truly yours, William F. Scanlon, Jr., Mayor LAID OVER FOR CONFIRMATION #324 Beverly City Council City Hall Ladies and Gentlemen of the Council: I am writing in order to request authorization to fill the position of Community Development Assistant for Public Infrastructure Projects, within the City's Community Development Office. As you know, EOCD recently lifted the freeze on the City's FY91 Community Development Block Grant (CDBG) funding. This funding will enable the City of provide the following types of programs to Beverly residents: * low interest housing rehabilitation loans to income eligible borrowers; * loans and technical assistance to income eligible small business owners and entrepreneurs; * funding for nine public social service agencies operating within the City, and * public infrastructure improvements including sidewalk repairs, street resurfacing and park improvements. As you know, funding for public infrastructure projects, such as sidewalk repairs and street resurfacing, has been severely curtailed over the last several years due to the municipal deficit. The FY91 CDBG Grant contains over $150,000 for public infrastructure improvement projects within the downtown neighborhood. Due to the suspension of program operations within the Community Development Office, the City has not been able to initiate any of the proposed improvements outlined in the FY91 CDBG Grant. This is especially troublesome considering the fact that funding for these types of improvements has been cut back in prior years. It is also important to note that since the proposed public infrastructure projects have not been initiated as of yet, none of the grant funds for these activities have been expended to date. Given the fact that this funding was awarded in 1992, it is imperative that the City begin the implementation of these activities as soon as possible. Most municipalities in the Commonwealth have already closed out their grant awards for FY91 funds and therefore, can show a clear cut need for additional monies. The City recently submitted an application seeking FY95 CDBG funds and given the fact that funding awards are based on need, it would behoove us to implement the projects described in the FY91 CDBG Grant and begin to draw down grant funds as soon as possible. With this in mind, I am requesting permission to fill a position in the Community Development Office to oversee the administration of the public infrastructure improvement projects that are currently included in the FY91 CDBG Grant. This position will be entirely funded with grant monies and will not impact the current municipal budget in any manner. Currently, the Community Development Office is staffed by a Director, a Community Development Assistant for Housing and Social Service Programs, a Rehabilitation Specialist and a Financial Administrator/Secretary. For the last two weeks an individual consultant has been working in the Community Development Office preparing bid documents and contract specifications for many of the infrastructure improvement projects that are proposed as part of the grant. The proposed position, Community Development Assistant for Public 158 159 Infrastructure Projects, will bring the total number of employees in the Office to five. Given the nature and extent of the programs conducted within the Office, I feel that the hiring of an additional employee is necessary in order to ensure that activities are administered in a timely and efficient manner. Moreover, by hiring an additional employee the Community Development Office will be able to begin expending our FY91 CDBG funds on much needed public infrastructure improvement projects, as outlined in the grant. I respectfully request authorization to fill the grant funded position of Community Development Assistant for Public Infrastructure Projects, as soon as possible. Thank you for your consideration of this matter. Sincerely, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #325 Honorable City Council City Hall Dear Honorable Council: As you all know, the recent death of Police Officer Michael Bonaiuto has left his widow with three children aged 5 or less. Officer Bonaiuto had worked for the City of Beverly for over 9 years. His widow is entitled to a Member's Survival Benefit of $8299 per year. Part of that benefit will expire with the emancipation of the children. The balance of approximately $4700 will remain with Mrs. Bonaiuto. I am introducing for your consideration a request that a special benefit be established for the Bonaiuto family of $1000 per month. It would be paid for by the City of Beverly and administered by the Retirement Board. It would continue at least until the youngest Bonaiuto child was emancipated and, if Mrs. Bonaiuto does not remarry, throughout her life. I make this recommendation on behalf of a person who was committed to working for the City of Beverly whose family is in need. I make it not because Michael Bonaiuto was a policeman. I make it with the understanding that if another similar situation involving an employee fully committed to a career with the City and having a young family were to develop that I would support similar action whether the employee was from the Department of Public Works, City Hall or elsewhere. It has come to my attention that consistent personnel policies regarding Public Safety Officers disabilities have been lacking in the City for many years and in order to give you as much perspective as possible in reflecting on the Bonaiuto matter I also direct your attention to the attached memorandum from the City Solicitor regarding General Law Chapter 41, Section lllF. Discussion of the latter matter will likely involve Executive Session and both the City Solicitor and I are desirous of appearing before you in that regard. Very truly yours, William F. Scanlon, Jr., Mayor REFERRED TO THE COMMITTEE OF THE WHOLE 159 160 COI~4UNICATIONS FROM OTHER CITT OFFICERS/~IND BOARDS: #326 Constance E. Perron City of Beverly Re: Order #253 (South Parcel Rezoning) Dear Ms. Perton: I am in receipt today of a "Waiver of Appeal" executed by all counsel on behalf of all parties in the Superior Court action of Scanlon, et al. v. HcHu~h, et al. This waiver is effective to finalize the judgment of the Superior Court, and conclusively establishes the referendum petition protesting the passage of the above referenced order as sufficient under the applicable provisions of Chapter 43 of the general laws. Therefore, pursuant to the provisions of GL c43 Section 42, the City Council must "immediately reconsider such measure". Please bring Order #253 forward for reconsideration by the Council, forthwith. Thank you for your courtesy and for your assistance. Very truly yours, Marshall J. Handly, City of Beverly Solicitor (Motion made by Councilor Coughlin, seconded by Councilor Golin to reconsider Order #253 of 1994, as required. Order #253 read as follows: Ordered: That the City Council of the City of Beverly adopt the proposed zoning amendment, changing lots #105 and #106 of Assessor's Map #19 from an IG Designation (General Industrial) to a CG designation (General Commercial), in accordance with the recommendation of the Planning Board. Order passes by vote of 7-2, Coughlin and Gilmore opposed. Matter must now appear on ballot in Municipal Election of November 7, 1995, as required.) #327 The Honorable City Council City of Beverly Dear Councilors, I am preparing the printing of the Charter for distribution to all households in the City in accordance with State Law. While there is no obligation to distribute the referendum questions in a similar manner, I believe it will be less confusing to voters if I print the referendum question re to rezoning the South Parcel of USM property at the same time. If voters received copies of Question One - the Charter, they would wonder why they had not been notified of Question Two - the referendum. Since it appears that both will be on the November ballot, I would like to distribute copies of both questions. In order to accomplish this, the Secretary of State's office advises that I need authorization from the Council and approval of the language of the question. Therefore, I am requesting your permission at this meeting in order to proceed with the printing as soon as possible. The questions, as drafted by the City Solicitor, and in compliance with Chapter 41, Section 43 which governs such matters, is as follows: Do you approve of the measure summarized below? A measure, adopted by the City Council (Order #253), to change the zoning classification of the so-called "South Parcel of the former USM property" (that property bounded on the north by Elliott Street, on the East by McPherson Drive, and on the southwest by the Bass River) from IG (General Industrial) to CG (General Commercial). I am available to answer any questions on this matter. 160 161 Very truly yours, Constance E. Perron, City Clerk (Motion made and seconded to suspend the rules to allow discussion. Both proponents and opponents review and express opinion on language. Motion made to amend the question as follows: Do you approve of the measure summarized below? A measure, adopted by the City Council (Order #253, to change the zoning classification of the so-called "South Parcel of the former USM property" - Lots #105 and #106 of Assessors' Map #19 (that property bounded on the north by Elliott Street, on the East by McPherson Drive, and on the southwest by the Bass River) from IG (General Industrial) to CG (General Commercial) Motion passes 9-0) #328 Selectman Bruce Nardella 149 Dodge Street Beverly, MA 01915 Dear Selectman Nardella, I have enclosed a copy of my resignation to the Beverly Council on Aging for your review. I would like to take this opportunity to thank both you and the Beverly Selectmen and women for the support you have offered me during my employment as the Executive Director of the Beverly Council on Aging. I sincerely regret leaving Beverly and I will always remember these two years as happiest of my career. It was nice working with Selectmen and women who really care about the elderly. I sincerely hope that I will return someday. wishing you much luck in all your future endeavors. Very sincerely, Paul Dolan-Pare, Executive Director Beverly Council on Aging RECEIVED AND PLACED ON FILE #329 Honorable City Council City Hall Dear Council, Re: Request for STOP sign, Tremont Street Councilor Coughlin and I met with residents to look into placing a STOP sign on Tremont Street at the intersection of Clifton Avenue. We have investigated this location and found it does meet the warrants for a STOP sign. In accordance with the provisions of Chapter 89, Section 9, of the massachusetts General Laws, and Chapter 14, Section 86 , of the Revised Ordinances of the City of beverly, we request the following STOP sign: ADD: Tremont Street, southwestbound drivers on Tremont Street at Clifton Avenue. Very truly yours, Dennis Tarsook, Traffic Sergeant 161 162 REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #330 Honorable City Council City Hall Dear Council, Re: Request for STOP sign, Clifton Avenue Councilor coughlin and I met with residents to look into placing STOP signs on Clifton Avenue at the intersection of Tremont Street. We have investigated this location, talked to Mike Karas, District 4 Highway Engineers Traffic Division, and found it does meet some of the warrants for STOP signs. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following STOP signs: ADD: Clifton Avenue, southeastbound and northwestbound drivers on Clifton Avenue at Tremont Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #331 Dear Honorable Council: I would like to request that the Auditor's Department be allowed to pay two (2) invoices from last year, out of his fiscal year's budqet in the amount of $549.50. These two bills were inadvertently misplaced ~hile my office was closing out Accounts Payable for all city departments for the end of the year. They are for Phase One Office Products for $372.34 and for Salem Mailing Service for $177.16. Thank you for considering this matter. Yours truly, Donald Young, City Auditor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #332 City Council City of Beverly Dear Councilors, I hereby recommend that the following be issued a Drain Layer's License in the City of Beverly: East Cost Excavating, Inc. - P. O. Box 95, Groveland, MA 01834 Attn: Michael Alesse very truly yours, George J. Zambouras, p. E. Commissioner of Public Works REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS 162 163 ~#333 Honorable City Council Beverly City Hall Ladies and Gentlemen of the Council: The City of Beverly has recently submitted a proposal to the Metropolitan Area Planning council (MAPC) for a project it would like included on the Transportation Improvement Program (TIP) list for Intermodal Surface Transportation Efficiency Act (ISTEA) funding for the Beverly Bicycle corridor. I have enclosed a copy of the proposal for your information. The proposal calls for the construction of a bicycle corridor along Route 127 and a portion of Route 1A as well as other roadways within Beverly. Construction consists of signage and striping improvements, regrading portions of the corridor, asphalt trails and sidewalks, and other amenities. Because numerous bicyclists, runners and walkers utilize Routes 127 and 1A, the City's intention is to construct a bicycle corridor which loops around the City providing a safe transportation corridor for both commuter and recreational users. The Planning Department is seeking a letter of support from the City Council for this project so that we may forward a copy to MAPC. The letter should be addressed to Mayor William F. Scanlon Jr., at Beverly City Hall but forwarded to the Planning Department. If you have any questions or if you desire additional information, please do not hesitate to contact Assistant Planning Director Debbie Hurlburt at extension 173. Thank you for your assistance in this matter. Sincerely, Tina Cassidy, Planning Director (Motion made and seconded to send letter of support - motion passes 9-0) #334 Honorable City Council City Hall Gentlemen and Ladies: Re: Beverly Revised Ordinances Chapter 20, Article VI I enclose herewith amendment to Beverly Revised Ordinances, Chapter 20, Article VI Cross-Connection Control Program - Section 152-161(b). This request is made in order to bring the ordinance into compliance with the requirements of the Massachusetts Department of Environmental Protection and to reflect various changes in state law and structure. If you have any questions concerning this request, please feel free to call me. Very truly yours, Marshall J. Handly, City Solicitor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS 163 164 COMMUNICATIONS, APPLICATIONS AND PETITIONS: {335 RECEIVED {336 RECEIVED {311 REFERRED {337 REFERRED {313 REFERRED {339 REFERRED {340 REFERRED {341 REFERRED {342 Continental Cablevision report of Public Hearings before Mass Cable TV Commission. AND PLACED ON FILE - COPY TO CABLE THY ADVISORY COMMISSION Massachusetts Electric Company notice of pole relocation in front of MacDonald's restaurant during bridge construction. AND PLACED ON FILE Subrogation from Plymouth Rock Assurance Corporation for claim filed by Jane Roberts TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Claim - Christeen Friend, Worcester, MA TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Communication from DeCoulos and DeCoulos re Class III Motor Vehicle License TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Communication from Karl Jansons re recycling ordinance TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Communication from Daniel Boucher re location of dumpster TO THE COMMITTEE ON PUBLIC SERVICE AND AID Communication from Gordon Weeks re purchase of Centerville Fire Station. TO THE COMMITTEE ON FINANCE AND PROPERTY Communication from Department of Environmental Protection re Waterways License Application - Natalie Sousa Campbell RECEIVED AND PLACED ON FILE - COPY OF HARBOR MANAGEMENT AUTHORITY AND SOLICITOR REPORTS FROM COMMITTEES: {340 The Committee on Public Service and Aid to whom was referred the matter of Request to place dumpster on Essex Street has considered said matter and be leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That permission is hereby granted for placing a dumpster at Essex Street, at rear of {237 Cabot Street during two (2) phases of renovation, one in September and one in October, as requested by Mr. and Mrs. Daniel Boucher in attached communication Order read once and adopted. {320 The Committee of the Whole to whom was referred the matter of Mayor's request for authorization to sign contract for Public Works Economic Development Grant has considered said matter and begs leave to report as follows, to wit: 164 165 Submit the accompanying order and recommend its adoption. ORDERED: That His Honor the Mayor be, and the same is hereby authorized to execute the necessary grant contracts required for acceptance of the $1.000,000 Public Works Economic Development Grant the City recently received from the Massachusetts Highway Department. Order read once and adopted - 8-1 with Gilmore opposed. MOTIONS AND ORDERS: #343 By Councilor McGlynn ORDERED: That the Commissioner of Public Works be, and the same is hereby ordered to make a study and recommendation relative to the removal of a live tree at 7 Magnolia Street. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #344 By Councilor Murray WHEREAS: On Friday Evening, August 4, 1995, Beverly Firefighter Jerome Murphy, while off duty and fishing off the coast of Beverly, observed a swimmer in distress; and WHEREAS: He alertly motored his boat to assist the man who was some 500 feet offshore and struggling against a rip-tide; and WHEREAS: Jerome Murphy secured a line around the swimmer to keep him afloat and alerted other fishermen in the area to assist. WHEREAS: with their help, he brought the exhausted swimmer safely to shore. First-aid was administered and the swimmer was taken by ambulance to Beverly Hospital where he was treated and released. NOW, THEREFORE, BE IT RESOLVED THAT WE, THE MEMBERS OF THE BEVERLY CITY COUNCIL ADOPT THIS RESOLUTION OF APPRECIATION TO JEROME MURPHY, ACKNOWLEDGING HIS HEROIC RESCUE OF GEORGE CROSS, A FORMER NEIGHBOR, WHO FOUND HIMSELF IN A NEAR TRAGIC SITUATION OFF THE COAST OF BEVERLY. THE LIFESAVING EFFORT BY JEROME MURPHY BRINGS HONOR TO THE BEVERLY FIRE DEPARTMENT AND THE ENTIRE CITY. Resolution read and adopted and signed by all members. Motion to adjourn: 8:45 p.m. Attest: Constance E. Perron City Clerk 165