1999-02-017:30 PM #51 A Public Hearing re Loan Order-Drainage Projects ($9,000,000.00)
Referred to Finance and Property
Regular Meeting of Beverly City Council, Feb. 1, 1999
Roll Call: A# Councilors were present
Pledge of Allegiance to the Flag: l ed by Councilor Flaherty
Acceptance of Minutes of Previous Meeting:
Amended minutes of Jan. 4, 199~) and minutes of January 19, 1999
Appointments:
Communications from His Honor the Mayor:
Communications from Other City Officers and Boards:
#61
Communication from Planning Board to Public Service and Aid relative to the
acceptance as public ways of Graver Street and Cross Lane
Receive and Place on File
#62
Communication from Planning Board to Public Service and Aid relative to Zoning
description of Family
Receive and Place on File
Communications, Applications and Petitions;
#63
Carom from citizen re Open Space
Referred to Public Service and Aid
#64
Claim Mellissia Capano Pathale Conant St.
Refer to Leaal Affairs and Accounts
#65
Claim Kdstine M. Splaine Pathale Cabot St.
Referred to Leaal Affairs and Accounts
Reports from Committees.'
#51
The Committee on Finance and Property to whom was referred the matter of Loan
Order Drainage Projects 159,000,000.00)1 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 enclosed Loan Order in the
amount of nine million ($9,000,000.00) dollars to fund the drainage projects at
Chase Street, Lawrence Street Brook and Chubbs Brook as requested by the
Mayor
Loan Order: Ordered that nine million {$9.000,000.00) dollars is appropriated for the
purpose of financing the construction and reconstruction of surface drains. sewers.
sewerage systems and sewage treatment and disposal facilities in the Chase Street,
Lawrence Street Brook and Chubbs Brook areas, including without limitation all costs
thereof as defined in Section 1 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 under the direction of the Committee on Finance and
Property, is authorized to borrow $9,000,000.00 and issue bonds or notes thereof under
G. L. c.44 and/or G.L.c.29C and to file an application with the Emergency Finance
Board to quality the bonds under Chapter 44A of General Laws; that the City
Treasurer is fudher authorized to file a certified copy of the loan order and provide
such other information and execute such other documents as the Board may require;
that such bonds or notes shall be general obligations of the City unless the Treasurer,
with the approval of the Mayor and the Director of Finance and under the direction
of 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 Finance and under the direction of the Committee on Finance and
Properly, is authorized to borrow all or a podion 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 Department 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 Department of Environmental
Protection, to expend all funds available for the project and to take any other action
necessary to carry out the project; and that all bonds or notes issued hereunder shall
be cedified to in writing as to their genuineness by Fleet National Bank or its
successor.
First Passage: ,3anuary 19, 1999
Public Hearing: February 1, 1999
Final Passage: February 1, 1999
Order read once and adopted on a Roll Call Vote
Roll Call:
Yea: Flaherty. Martin, McGlynn, McMahon, Murray. Rollins, Troubetaris. Van
Liere. Gilmore
Nay: None
Absent: None
#53
The Committee on Finance and Property to whom was referred the matter of Minutes
of BHMA Meeting of January 7, 1999 have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adopted
-'/1:58
The Committee on Finance and Property to whom was referred the matter of
Clothing Bin-Pine Street Inn' 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 from the Pine Street Inn to
replace two clothing bins with one large double bin.
And fudher that a copy of this request be sent to the Building Inspector Tim Brennan.
Order read once and adopted 9-0 Vote
://:66
The Committee on Finance and Property to whom was referred the matter of
communication from NSRVS Building Facilities 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
#67
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Comm from Conservation re Phillips nature Preserve Rules and Regulation 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
#9
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Comm. from Conservation commission re J. C. Phillips Nature Preserve 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 communication from the conservation
Commission regarding the clarification and reconsideration of rules #6 and #7 of the
proposed rules and regulations for the J. C. Phillips Nature Preserve. Rule #6 originally
prohibited horseback riding and mountain biking. After reconsideration by the
Commission, language for Rule #6 will still prohibit horseback riding; however, Rule #7
will address biking and shall now read "Bicycling is only allowed on the hill Trail West.
Order read once and adopted 9-0 Vote
#14
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Comm from J. Murray re application for subdivision approval 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 from councilor Murray that:
Any person, corporation or other entity making application for subdivision approval,
building permit, or any other approval, license or permit from the City of Beveffy for or
in connection with the approval or construction of any subdivision within the
corporate limits of the City of Beverly shall disclose on each such application whether
or not such person, corporation or other legal entity had ever, within the ten years
preceding the application 1) been convicted of a crime related to the construction
or development of real property, 2) suffered the suspension or revocation of any
construction or development related permit or license, and 3) been subjected to a
fine or other penalty for any construction or development related offense.
Prior to the approval of any such application, upon request of any member of the
City council the applicant shall, at public headng, explain the circumstances of any
such conviction, suspension, revocation, fine or penalty.
The Building Inspector and Director of Planning shall make appropriate provision on
application forms fo include the inquiries directed by this order.
Order read once and adopted 5-4 Vote Councilors Troubetaris, McGlynn, Rollins
and Van Liere voted against
#27
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Mass Development re Project Adventure (Bond) have
considered said matter and beg leave fo repod as follows, fo wit:
Receive and Place on File
Order read once and adopted 9-0 Vote
#46
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreements for Daignault and Vitale 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 Subordination Agreements for Adhur and Patdcia Daignault at 4H
Laurel Street and for Theresa Vitale at 30-32 West Dane St. as per the
recommendation of Community Development Department.
Order read once and adopted 9-0 Vote
#48
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment - Constable Richard Lombara have considered said matter and beg
leave to report as follows, to wit:
Recommend approval of the appointment.
Order read once and adopted 9-0 Vote
#68
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T re Parking in area of BHS have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand nine hundred and ninety nine
AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re
Parking
Be it ordained by the City Council of the City of Bevedy as Follows:
That Chapter 14 Section 120 Parking Prohibited on cedain streets AT ALL TIMES of the
Revised Ordinances of the City of Bevedy, 1989, be, and the same is hereby
amended as follows:
ADD: Jordan Street, westedy side, from Kittredge Street to Russell Street
That Chapter 14 Section 126 (d) Two Hour Parking - of the Revised Ordinances of the
City of Beverly, 1989, be, and the same is hereby amended as follows:
ADD: Jordan Street, easterly side, from Kittredge St. to Russell St.
ADD: Kittredge St., both sides, from Cabot St. to Jordan St.
ADD: Russell St. both sides, from Jordan St. to Windsor Rd.
This ordinance to take effect according to City Chader
First Passage: February 1, 1999
Final Passage: Feb. 16, 1999
Ordinance read once and held for final Dassaae accordina to charter Provisions
9-0 Vote
#52
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T 15 Minute Parking West St. have considered said matter and beg
leave to repod as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
Zn the year one thousand nine hundred and Ninety Nine
AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re
"Fifteen Minute Parking"
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 3.4, Section3.23 of the Revised Ordinances of the City of Beverly,
~.989, be, and the same is hereby amended as follows:
ADD= West Street, three (3) spaces in front of #~. West Street, between
the hours of 6:00 am to 7:00 PH, 7 days a week
This ordinance to take effect upon passage according to City Charter.
First Passage: February 3., 3.999
Final Passage: February 3.6, 3.999
Order read once and held for final Dassaae accordina to charter orovisions 9-0
Vote
#54
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance re Harbormaster - Fishing Equipment Restrictions have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand nine hundred and Ninety Nine
AN Ordinance Amending an ordinance entitled "Administration", Division 9
Harbormaster
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 2, Division 9 of the Revised Ordinances of the City of Beverly,
~.989, be, and the same is hereby amended as follows:
ADD= Sec. 2-276 Fishing Equipment: Restrictions
"No vessels or persons shall dredge or drag for any
commercial purpose in any designated mooring area or
anchorage in Beverly water."
"Any violation of this Ordinance would be subject to penalty as provided in Sac.
1-4 of the Revised Ordinances and may in the discretion of the Harbormaster, be
subject to non-criminal disposition as provided in Sac. 1-4.1 of the Revised
Ordinances."
This ordinance to take effect upon passage according to City Charter.
First Passage: February 1, 1999
Final Passage: February 16, 1999
Order read once and held for final Dassaae accordina to charter provisions 9-0
Vote
#57
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Second Hand Dealers License {The Carousal, 217 Ranfoul St.) have
considered said matter and beg leave to repod as follows, to wit:
Submit the accompanying order and recommend its adoption
Recommend that the council approve the license
Order read once and adopted 9-0 Vote
#69
The Committee in Legal Affairs and Accounts to whom was referred the matter of
Unaccepted Streets have considered said matter and beg leave to repod as follows,
to wit:
Submit the accompanying amended order and ordinance and recommend its
adoption
Ordered: That the City council accept Grover Street and be it further ordered that
Section 20-29.1 Unaccepted Streets be amended by deleting that street from the
ordinance
ORDINANCE:
In the year one thousand nine hundred and ninety nine
An Ordinance amending an ordinance entitled Public Works re Unaccepted Streets
Be it ordained by the City Council of the City of Beverly as follows:
Chapter 20, Article II. Commissioner Section 20-29.1 Same-Unaccepted Streets of
the revised ordinances of the city of Beverly, 1989, be, and the same is hereby
amended as follows:
DELETE: Grover Street, Walker Road to Dodge Street
This ordinance to take effect as provided by city Charter
First Reading: February 1, 3.999
Final Passage: February 16, 1999
Order read once and held for final passage accordina to charter provisions 9-0
Vote
#70
The Committee on Legal Affairs and Accounts to whom was referred the matter
of Merry Chase Livery Licenses have considered said matter and beg leave to
report as follows, to wit:
Recommend License Be Granted
Order read once and adoDted 9-0 Vote
#71
The Committee on Public Service and Aid to whom was referred the matter of
Communication from Planning re Winthrop's Grant Street Acceptance 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 from Planning Board to accept
the plans for the Winthrop's Grant Subdivision and that the roadway (Hillcrest Ave)
be accepted as a city street.
Order read once and adooted 9-0 Vote
UNFIN/,~/-/ED 8USINE&&:
Reso/uffons:
Mol/ons ond Orders
#72
By Councilor Flaherty:
Ordered:
that the City Council President give an Annual Address at the beginning of each
calendar year.
Referred to Leaal Affairs and Accounts and Ordinance Review Committee
Meeting Adjourned at 9:15 PM
Attest: Frances k. Macdonald C.M.C
City Clerk