1995-09-05166
7:00 P.M. #135 Public Hearing re Wetlands Ordinance
Remanded to the Committee on Legal Affairs and Accounts
REGULAR MEETING OF THE BEVERLY CITY COUNCIL - TUESDAY, SEPTEMBER 5, 1995
ROLL CALL: PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella
ABSENT: None
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Golin
ACCEPTANCE OF MINUTES OF PREVIOUS MEETING:
Motion made and seconded to accept minutes of August 1, 1995 and August 23, 1995
- Motion passes.
CONFIRMATIONS:
#323 The appointment of Election Workers for the City of Beverly was unanimously confirmed.
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
#345
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request your approval to proceed with bonding of items recently approved in the Capital Expenditure Section
of the current year's budget, specifically $570,000 as related to RESCO and further described in the attached
communication from Palmer and Dodge and an additional $395,000 for the purchase of fire vehicles.
The $395,000 may seem at odds with the amount in the present budget but it is not. The Fire Chief believes that
independent sale of the vehicles being retired from service will yield us more money than their direct trade in.
I hereby request that your Honorable Council take a first reading on this matter this evening.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#346
Honorable City Council
City Hall
Dear Honorable Council:
As you are well aware, the entire City of Beverly was earlier designated an Economic Target Area by virtue of your
actions. From time to time we may wish to declare specific locations/businesses within the City as Economic
Opportunity Areas and offer real estate tax incentives in such cases possibly through a TIF (Tax Increment Financing).
I believe it would be useful for the Committee of the Whole and myself to discuss the general subject of TIFs. Certainly
I do not want to see these applied wholesale to all the prospective building sites in Beverly. That would be the
equivalent of marking down everything in the store.
Some months ago the Mass Office of Business Development (MOBD) introduced the C.P. Clare Corporation to me.
MOBD would like to keep this company in Massachusetts and C.P. Clare is very interested in a tax benefit obtainable
from the State in the form of an investment tax credit against State Corporate Income Taxes. C,P. Clare has interest
in a site at Cherry Hill Industrial Park owned by Flatley.
In order for C.P. Clare to obtain a favorable investment tax credit initiative with the State, a TIF must be in place, but
the size of the TIF might be quite modest. The investment tax credit benefit in the current case might reach $400,000.
When a TIF may be appropriate, it will be my practice to refer the matter to the Economic and Community Development
Council (ECDC) for its recommendation and to also include my own recommendation. In the case in point the ECDC
and I concur that a modest TIF for a 5-year period starting at 5% and sliding to 0% would be appropriate, Based on
estimates from the Chief Assessor we would realize all existing taxes on the parcel in question. We would realize
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$762,000 in new taxes from the parcel over five years, and we would forfeit over the 5 years a cumulative total of
819,500 in taxes·
After the 5 years, we would receive the full amount in taxes annually.
I would suggest discussion of this matter in the Committee of the Whole with a view toward taking a vote at your next
regularly scheduled meeting on the TIF which I wholeheartedly recommend to you.
Attached for your review are the following documents:
· Description of the C.P. Clare Corporation
· Letter of Intent from C.P. Clare
· Description of the Massachusetts Economic Development Incentive Plan
. Description of the Proposed TIF Plan
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO COMMITTEE OF THE WHOLE
#347
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached Service Incentive Proposal for
a Grant from the Executive Office of Eider Affairs for the Council on Aging.
I further request that your Honorable Council take action on this request this evening in order that the application may
be filed in a timely manner.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
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//348
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. John Putney, 29 Berrywood Lane, Beverly, MA 01915, to serve
as a Commissioner of Trust Funds.
He will fill the vacancy left by Burton Phillips and his term will be effective until December 31, 1997.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
//349
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, Mr. Alan Synenki, 11 Mark Road, Beverly, MA 01915, to serve as
a member of the Beverly Historic District Commission.
His term will be effective until April 1, 1998.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
//350
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, the following citizens to serve as members of the Council for Aging:
Mr. Joseph Dettorre
27 Albany Circle
Beverly, MA 01915
Ms. Jennie Jason
Jaclen Towers
Rantoul Street
Beverly, MA 01915
Their terms to be effective until June 30, 1998.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
//351
Honorable City Council
City Hall
Dear Honorable Council:
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I hereby reappoint, subject to your confirmation, Mr. Bruce Abbott, 13 County Way, Beverly, MA 01915, to serve as
a member of the Beverly Housing Authority.
His te~m will be effective until June 28, 2000,
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
' 352
, Ionorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, Ms. Elaine Sangster, 30 Prospect Street, Beverly, MA 01915
to serve as a member of the Emergency Medical Services Commission.
Her term will be effective until June 1, 1998.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#353
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit the temporary appointment of Daniel McPherson as Acting Harbormaster for 60 days or until a
permanent Harbormaster is appointed.
Very truly yours,
William F. ScanIon, Jr., Mayor
RECEIVED AND PLACED ON FILE
#354
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. Daniel G. McPherson, 6 Mechanic Street, Beverly, MA 01915 as
the Harbormaster for the City of Beverly effective September 19, 1995.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#355
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, the following applicants to serve as Constables in the City of Beverly
for the express purpose of serving Civil Process:
Mr. William A. Center
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488 Rantoul Street
Beverly, MA 01915
To be effective until September 30, 1998
Mr. Edward A. Urkiewicz
40 Main Street #103
Stoneham, MA 02180
To be effective until September 30, 1998
Mr. David Almeida
P.O. Box 775
Beverly, MA 01915
To be effective until September 30, 1998
Attached are the applications from the applicants which have been approved by Police Chief John Finnegan.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#356
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint Mr. John Dunn as the Collector-Treasurer for the City of Beverly for an additional 60 days continuing
on from September 15, 1995.
Very truly yours,
William F. Scanion, Jr., Mayor
RECEIVED AND PLACED ON FILE
#357
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint on a temporary basis Mr. Pietro Nuccio, 141 Park Street, Beverly, MA 01915, to serve as a member
of the Board of Registrars as per the attached communication from City Clerk Constance Perton.
Very truly yours,
William F. Scanion, Jr., Mayor
RECEIVED AND PLACED ON FILE
#358
Honorable City Council
City Hall
Dear Honorable Council: ~
I hereby appoint, subject to your confirmation, Mr. Guy Rossi, 29 Linden Avenue, Beverly, MA 01915, to serve as
member of the Board of Managers - Cemeteries.
He will fill a current vacancy and his term will be effective until the first Monday of March, 1996.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
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#359
Honorable City Council
City Hall
Dear Honorable Council:
I hereby reappoint, subject to your confirmation, Mr. Harold Leonard, 9 Cleveland Road, Beverly MA 01915, to serve
as a David L. Lynch Public Parks Fund Trustee. '
His term will be effective until September 30, 1998.
Very truly yours,
William F. Scanlon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#360
Honorable City Council
City Hall
Dear Honorable Council:
I hereby appoint, subject to your confirmation, Mr. Michael Lawler, 10 Presidential Circle, Bevedy, MA 01915, to serve
as a member of the Emergency Medical Services Commission.
He will fill the vacancy left by the resignation of Kristine Brown. Mr. Lawler's term will be effective until June 1, 1998.
Very truly yours,
William F. ScanIon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#361
Honorable City Council
City Hall
Dear Honorable Council:
The Council on Aging has relied on a Part-time maintenance person for some time. The Council on Aging has need for
a full-time maintenance person. To that end, the Council on Aging has promised to fund the additional cost of the
salary of this individual from outside the budget. The City would pay for the cost of benefits for this individual.
I support this request and ask for your speedy consideration of same.
Very truly yours,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#362
Honorable City Council
City Hall
Re: Conditional Assignment of Shopper's Shuttle Contract
Dear Honorable Council:
I hereby request that your Honorable Council authorize my execution of a conditional assignment of the contract for
the Beverly Shopper's Shuttle service from Michaud Bus Lines, Inc, to the ABC Bus Company of North Andover,
Massachusetts.
Assignment of this contract will insure the continuation of this important community service, upon the discontinuation
of service by the Michaud company. A proposed document of assignment is attached hereto. As you will note, the
original terms and conditions remain in effect, and Michaud is not relieved of any responsibility or liability for the
provision of service by the execution of the Assignment.
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Respectfully,
William F. ScanIon, Jr., Mayor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS:
#363
Honorable City Council
City Hall
Dear Council,
Re: Request for Stop Sign, Big Rock Lane
I have met with some residents to look into placing a STOP sign on Big Rock Lane at the intersection of Montserrat
Road. I 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 Ordinance of the City of beverly, we request the following stop sign:
ADD: Big Rock Lane, westbound drivers on Big Rock Lane at Montserrat Road.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant, Safety Officer
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#364
Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Re: Lease of the Hardie School
Dear Honorable Council:
As you are aware, the City recently advertised a "Request for Proposals" (RFP) for lease of the City-owned Hardie
School on Essex Street.
Earlier this afternoon, this department opened and reviewed the one proposal it received in response to the RFP, which
was submitted by the Montserrat College of Art. It is my recommendation that the City Council accept this proposal
for a five-year lease of the entire Hardie School by the Montserrat College of Art; a copy of the proposal is attached.
Please let me know to which Committee of the Council this matter will be referred, and the date on which that
Committee will discuss this proposal further. Both Mr. Paul Marks, President of Montserrat College, and I are available
to attend the Committee meetings at your request.
Respectfully,
Tina Cassidy, Planning Director
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS AND THE COMMITTEE ON FINANCE AND
PROPERTY
COMMUNICATIONS, APPLICATIONS AND PETITIONS
#365 Massachusetts Electric petition re installation of pole - Parsons Drive.
REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID
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#366 Boston Gas petition re gas main installation in Federal Street
REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID
#367 Massachusetts Electric petition re installation of PVC conduits in Hull Street
REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID
#368 Massachusetts Electric petition re relocation of pole in Hull Street
REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID
#369 Summons and Complaint in the matter of Mark E. Carnevale v, City of Beverly.
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#81 Claim - James Shaffacval - Small Claims Court resubmission
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#82 Small Claim Court - Resubmission from John M. Chaisson
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
Permission requested by Councilor Rollins and Councilor Golin for late files.
#370 Communication from City Solicitor re Work Study Grant for Jason Parisella.
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#371 Communication from Mr. and Mrs. Bernard Loreti re sewer bills
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
REPORTS FROM COMMITTEES:
#319
The Committee on Finance and Property to whom was referred the matter of Briscoe School Re-use has considered
said matter and begs 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 do hereby declare the former Briscoe School located at 3
Essex Street to be surplus to the needs of the City of Beverly, in accordance with the recommendation
of the Briscoe Re-use Study Committee.
Order read once and adopted, with Troubetaris and Gilmore granted permission to abstain.
#319
The Committee of the Whole to whom was referred the matter of Briscoe Reuse have considered said matter and beg
leave to report as follows, to wit:
WHEREAS, the former Briscoe School, located a 3 Essex Street is currently in a state of disrepair
and a blight to the neighborhood;
WHEREAS, the Briscoe School Re-Use Commission has undertaken a Request for Proposal (RFP)
process in order to determine a beneficial re-use of the former school building and has
unanimously selected the development team of Simsbury Associates to redevelop the
site into 79 units of elderly, assisted living housing, as well as a 5,000 s.f. day care
center to be operated by the Beverly Children's Learning Center;
WHEREAS, Mayor William F. Scanlon, Jr. has undertaken a review of the selected
proposal and hereby recommends that Simsbury Associates be selected
to redevelop the former school building in accordance to the proposal
that was submitted on June 30, 1995.
NOW THEREFORE BE IT RESOLVED BY THE BEVERLY CITY COUNCIL THAT
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1. The former Briscoe School located at 3 Essex Street be declared surplus property,
2. That Simsbury Associates, 41 Warren Avenue, Boston, Massachusetts 02016, be designated the developer
for the site, and
3. that Mayor William F. ScanIon, Jr., be authorized to negotiate and execute an option agreement for the
purchase and sale of the former school building.
Resolution read once and adopted, 7-0 with Troubetaris and Gilmore having permission to abstain.
#347
The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's request for authorization
to sign grant application - Council on Aging from Executive Office of EIder Affairs have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That His Honor the Mayor be and the same is hereby authorized to sign the attached
Service Incentive Proposal for a Grant from the Executive Office of EIder Affairs for the
Council on Aging to establish Grandparent/Grandchild Program.
Order read once and adopted.
#362
The Committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's request for authorization
to sign assignment of shuttle bus contract have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That His Honor the Mayor be, and the same is hereby authorized to execute the
conditional assignment of the contract for the Beverly Shoppers Shuttle service from
Michaud Bus Lines, Inc. to the ABC Bus Company of North Andover, MA
Order read once and adopted.
#284
The Committee on Public Service and Aid to whom was referred the matter of Mass Electric Petition re pole relocation -
Swan St, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That a Public Hearing be held on Monday, September 18, 1995 at 7:56 p.m. in the
Council chambers, third floor, City Hall relative to Massachusetts Electric Petition for
pole relocation at Swan Street # 1305.
Order read once and adopted.
#365
The Committee on Public Service and Aid to whom was referred the matter of Mass Electric petition of pole installation
in Parsons Drive have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED:
That a Public Hearing be held on Monday, September 18, 1995 at 7:56 p.m. in the
Council Chamber, third floor, City Hall relative to the Mass Electric petition of
installation of pole #4152-1 in Parsons Drive.
Order read once and adopted.
#366
The Committee on Public Service and Aid to whom was referred the matter of Boston Gas petition re gas main
installation have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
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ORDERED:
That a Public Hearing be held on Monday, September 18, 1995 at 7:55 p.m. in the
council Chambers, third floor, City Hall relative to the Boston gas petition for installation
Of gas main in Federal Street, from Park Street to Cabot Street. The installation
includes a low pressure regulator pit between Chapman Street and Cabot Street.
Order read once and adopted.
MOTIONS AND ORDERS:
#372
By Councilor Golin:
ORDERED: That the Commissioner of Public Works be, and the same is hereby requested to
remove the dangerous tree at 11 Russell Street. (Resubmission of Order #89 of
February 6, 1995)
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#373
By Councilor Gilmore:
ORDERED: That, within thirty (30} days, the City Council shall hold a Public Hearing on the
proposal to construct a road connecting Cherry Hill Drive and Henderson Road.
REFERRED TO THE COMMITTEE OF THE WHOLE
#374
By Councilor Troubetaris:
ORDERED: That the practice of submitting minimum water-sewer bills cease following an estimated
water-sewer bill that in reality was more than 2 billing periods.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#375
By Councilor Troubetaris:
ORDERED: That the City of Beverly remove a dead tree located at 24 Rowell Avenue.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#376
By Councilor Troubetaris:
ORDERED: That a traffic light suitable for the intersection of Bridge Street and County Way be
placed at that intersection for the safety of the residents.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#377
By Councilor Troubetaris:
ORDERED: That a "No Fishing" sign be placed at the beach at Obear Park.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#378
By Councilor Rollins:
ORDERED: That the Building Inspector take the necessary steps to raze the building at Rear 119
Rantoul Street (formerly Sewer Street) - Lot 80 of Assessors' Map 5 - which has been
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abandoned and is creating a hazard for the area. This is a one story wooden frame
building which formerly housed an auto body shop.
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#379
By Councilor Murray:
ORDERED:
In the interest of Public Service, it is hereby ordered that the Beverly fire Department
and the Beverly Public Works Department develop and implement an on-going Fire
Hydrant Maintenance Program.
Under this plan the Fire Dept will assume responsibility for the inspection of each
hydrant in the City to assure it is operable.
The repair and continuing maintenance of all hydrants will be the responsibility of the
Public Works Department. Successfully implemented, this program will assure Beverly
firefighters and property owners that the City is making every effort to insure that a
hydrant will work correctly when needed.
With the new water tower, Beverly now has an excellent supply of water and adequate
pressure is available to all areas of the City. I have received the cooperation of both
Fire Chief Ken Pelonzi and George Zambouras, Commissioner of Public works in the
drafting of this order. It clearly defines departmental lines of responsibility, and more
importantly will help keep the hydrants in proper repair and operating, when needed,
throughout the City of Beverly.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
//57
By Councilor Murray:
ORDERED:
That Order #57 re zoning Ordinance Amendment for agricultural, horticultural and
floricultural uses be resubmitted, with minor changes as per the attached document.
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS AND REFERRED TO THE PLANNING BOARDi
FOR ITS RECOMMENDATION.
Motion to adjourn: 9:45 p.m.
Attest: Constance E. Perron
City Clerk
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