Loading...
1999-04-057:30 PM Jane Bright-Salem Power Plant Healthlink 7:55 PM Timothy Brennan re Roomers & Boarders Roll Regular Meeting of Beverly City Council, April 5, 1999 Call: All Councilors were present Pledge of Allegiance to the Flag: Led by Councilor McGlynn Acceptance of Minutes of Previous Meeting: Accept amended minutes of March 15, 1999 meeting Appointments: Communications from His Honor the Mayor: #123 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review end recommendation, the following citizens to serve as members of the Board of Health: Norman C. Spector 29 Sonning Road Beverly, MA 01915 Effective until December 31,2001 Peter Hersee 17 Juniper Sweet Wenham, MA 01984 Effective until December 31, 2000 I also request that the residency requirement be waived so that Mr. Hersee can continue to serve in this capacity. Frank S. Carbone, Jr., MD 550 Cabot Street Beverly, MA 01915 Effective until December 31, 1999 Very truly yours, William F. ScanIon, Jr., Mayor Referred to Legal Affairs and Accounts #124 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizens to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Mr. Deen R. Portfous 140 Rantoul Street Suite 2 Beverly, MA 01915 73 Effective until May 1, 2002 Mr. David Almeida PO Box 775 Beverly, MA 01915 Effective until May 1, 2002 Chief William Terry has approved these applicants. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and ProPertY #125 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: An initial site assessment of three parcels of land near the Airport was recently completed by Ransom Engineering on behalf of the City. Ransom was unable to give us a totally clean bill of health without additional assessment. We have negotiated with Ransom for Phase 2 at a cost of $142,000. We are hopeful, but not totally certain, that Phase 2 will bring these investigations to an end. On another front an accidental oil spill occurred on March 26 also near the Airport. This spill has been fully dealt with under the direction of the Department of Environmental Protection. It is too early to be certain whether the City can recover the costs. The account "Miscellaneous Unbudgeted Revenues" currently contains $200,000 in unbudgeted revenues. I hereby request an appropriation of $167,000 to account "Engineering Consultant;" $25,000 for the oil spill and $142,000 to for the Phase 2 assessment, from account "Miscellaneous Unbudgeted Revenues." Said sum of money to be expended under the direction of the Director of Engineering, Frank Killilea, Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Pronertv #126 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As identified by our Recreation Commission, Beverly has a strong need for additional athletic facilities. A facility for ice skating which would offer figure skating, ice hockey, and public skating for all of Beverly's citizens is part of this need. In recent times I have been approached by parties interested in building a skating facility in Beverly. I have told these people that I would consider, subject of course to your review, an approach whereby the City would provide a parcel offand on a long-term lease basis at a reasonable cost to serve as the site on which to construct the facility. My thinking is that the successful respondent to an RFP would build and operate the facility while providing the City with a significant and defined amount of free ice time on an ongoing annual basis. The above is a brief summary of the currently intended approach which would need to be further refined before an PiP were to be issued. There is a site that looks very promising. The Vitale site bordered by Henderson Road and Cabot Street is comprised of 18 acres of land, land whose use has been challenged by the fly ash fill which was deposited on the site. 74 There is every reason to believe that this site would readily lend itself to a slab on grade type of single story construction such as an ice skating facility. At this moment the major conceptual issue associated with the idea of an ice skating facility on the Vitale site relates to the Conservation Restrictions that were imposed on the property some years ago. These restrictions were imposed to guarantee that the property would remain "Open Space" which tends to correlate with passive recreation rather than active recreation. The past several months have allowed the idea of removing the conservation restrictions on this site to pemolate through the community. The feedback that I have noted is extremely positive in favor of modifying the Conservation RasUictions to permit an athletic facility such as an ice skating facility on the ske. It is my understanding that a vote of the Council and a Home Rule Petition to be passed by the Massachusetts Legislature would be in order to modify these restrictions. I hereby request that the City Council take the necessary steps to modify the Conservation Restrictions on the Viiale site so as to permit the construction of an ice skating facility on the site. I enclose a letter ~'om Ransom Environmental consultants stating that there is no reason to delay development of this site. I look forward to discussing this matter with the entire Council. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Leltal Affairs and Accounts Communications from Other City Officers and Boards: #127 Honorable City Council 191 Cabot St. Beve~y, MA 01915 Dear Councilors RE: Parking on Scott Street At a recent meeting with the management of Henry's market and the residents of Ellsworth Avenue, Tremont Street and other streets in that neighborhood, it was decided to eliminate the 3 or so parking spaces on Scott Street as you enter from Cabot Street. Please take the necessary action to amend City of Beverly Revised Ordinances as follows: ADD C14 See. 120, Scott Street, northerly side, from Cabot Street to Ellsworth Avenue, entire length. Sincerely, Dennis O. Tarsook, Traffic Sergeant Referred to Lelal Affairs and Accounts #43 Honorable City council 191 Cabot Street Beve~y, MA RE Order #43 Various Zoning Amendments Dear Members of the Council: 75 The purpose of this letter is to inform you that the Planning Board began discussion of this Order following the Joint Public Hearing between the Planning Board and Council on March 15th. Unfortunately, the Board was unable to complete discussion of the matter and formulate a recommendation for your consideration that evening. Therefore, the Board intends to place this matter on its next meeting agenda for April 20th, with the goal of ~nalizing a recommendation to you that evening. The Board would appreciate it if the Council would postpone a decision on this Order until it has had an opportunity to forward its recommendation to you. Thank you on behalf of the planning Board for your cooperation and patience in this regard. Respectfully, Tina P. Cassidy, Director Planning & Development Department Referred to Legal Affairs and Accounts Communications, Applications and Petitions; #128 Communication from Comm. of Mass., Department of Education re School Building Maintenance Spending Requirements Referred to Finance and Pronerty #129 Communication from Nino Lombardi re paintings Referred to Finance and Property #130 Comm relative to renovation of Bond on Constable Antonio J. Luciano Referred to Legal Affairs and Accounts #131 Minutes of Beverly Harbor Management Authority meeting of March 4, 1999 Refer to Finance and Property #132 Communication from TEC Associates re Amtrak 1999 Vegetation Control Program Referred to Public Service and Aid #133 Claim-Robert H. Field, III 138 Livingstone Ave., Beverly Referred to Legal Affairs and Accounts 76 #134 (Late File) Communication re Salem Power Plant Healthlink Referred Public Service and Aid #135 (Late File) Purchase and Sale Agreement for Hardie School to Montserrat College of Art Referred to Finance and Prooertv Reports from Committees: #76 The Committee on Finance and Property to whom was referred the matter of Minutes of Beverly Harbor Management Authority meeting of February 4, 1999 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adonted 9-0 Vote #78 The Committee on Finance and Property to whom was referred the matter of North Shore regional Vocational School Annual Report, Long and Short Forms have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adol~ted 9-0 Vote #106 The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocational School FY2000 Preliminary Budget and Municipal Assessments have considered.said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adonted 9-0 Vote #108 The Committee on Finance and Property to whom was referred the matter of Tax deferral for taxpayers 65 and older 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 accept MGL c 59 Section 5 (41), to increase the property tax deferral of taxpayers 65 years or older. The taxpayer may defer payment of property taxes to defray living expenses, if the amount of qualifying gross receipts is no greater than $40,000.00. A taxpayer who qualifies, may defer payment of all or a portion each year at 8% interest. Order read once and adopted 9-0 ~Vote 77 #115 The Committee on Finance and Property to whom was referred the matter of Communication re renovations to Briscoe Middle School have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to City Solicitor Order read once and Adooted 9-0 Vote #125 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account "Engineering Consultant" ($167,000.00) 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 Heating on Tuesday, April 20, 1999 at 7:45 PM at City Hall, 191 Cabot Street, Beve~y, MA relative to an appropriation to account "Engineering Consultant" in the amount of One hundred sixty seven thousand dollars ($167,000) $15,000 - Oil Spill and $142,000 for Phase two Assessment Said sum of money to be expended under the direction of Director of Engineering Frank Killilea First Passage: April 5, 1999 Public Hearing: April 20, 1999 Final Passage: April 20, 1999 Order read once and adooted 9-0 Vote #135 The Committee on Finance and Property to whom was referred the matter of Purchase and Sale Agreement for sale of the Hardie School to Montserrat College of Art 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 heating on May 3, 1999 at 7:30 PM at City hall, 191 Cabot Street, Beverly relative to a Purchase and Sale Agreement from Montserrat College of Art for the Purchase of the Hardie School Building Order read once and adol~ted 9-0 Vote #5 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Constable Kenneth E. Arsenault have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 9-0 Vote 78 #56 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Fred Ambrosini re pawn shop interest rate have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adoi~ted 9-0 Vote #112 The Committee on Legal Affairs and Accounts to whom was referred the matter of Waiver of Right of First Refusal, 205 Dane Square Condos-Robert Powers 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 Waiver of Right of First Refusal for Robert Powers for a Condo at 205 Dane Square, as per the request of the Assistant Planning Director, Debra Hurlbutt. Order read once and adoriled 9-0 Vote #113 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Senate Bill #929 Signs for Farm Stands 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 #114 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request for Waiver of Fees for amusement licenses-YMCA Teen Center 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 honor the request for the Beverly YMCA Teen Center to waive the $300.00 fee for their amusement machines. Order read once and adopted 8-0 Vote Councilor Flaherty abstained #116 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim- Mary Rhoades have considered said matter and beg leave to report as follows, to wit Receive and Place on File Refer to City Solicitor Order read once and adopted 9-0 Vote 79 #118 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application Second Hand Dealers License-the Golden Hanger, 202 Rantoul St. have considered said matter and beg leave to report as follows, to wit ]Recommend the License be Granted Order read once and adopted 9-0 Vote #137 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm. re Section 29-2 entitled "Def'mitions' have considered said matter and beg leave to report as follows, to wit Refer to Planning Board Order read once and adonted 9-0 Vote #41 The Committee on Public Service and Aid to whom was referred the matter of Open Space committee 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 handred and ninety nine AN Ordinance amending an ordinance entitled "Administration" Be it ordained by the City Council of the City of Beverly as follows: That Chapter 2, Article IV be amended by adding Division 14. Open Space and Recreation Committee. Sec. 2-529. Establishment; Composition; Appointment; Terms; Vacancies There is, hereby, established the Beverly Open Space and Recreation Committee consisting of twelve members, six of whom shall be appointed by the mayor and six of whom shall be appointed by the City council. Of the six members appointed by the mayor, two will be at-large, one shall be a member of the conservation Commission, one shall be a member of the Planning Board, one shall be a member of the Parks and Recreation Commission and one shall be a member of the Beverly Harbor Authority. Ira member of a particular board is not available, the mayor shall appoint a person with similar expertise. The mayor shall assign an employee of the Planning Department to the committee as resource person and liaison to city government. Of the six members appointed by the city council, one shall reside in Ward I, one shall reside in Ward If, one shall reside in Ward III, one shall reside in Ward IV, one shall reside in Ward V and one shall reside in Ward VI and shall be nominated by their respective ward councilor. All members shall be residents of the city and shall not be in the employ of the city of Bevarly. Each of the council appointees shall have a demonstrated interest in preserving open space/recreation. Upon the initial appointments the mayor and the city council shall each appoint two members for one year terms, two members for two year terms and two members for three year terms. Thereafter, all appointments shall be for three year terms. All appointments shall be confirmed by the City council. Vacancies shall be tilled by the appropriate appointing authority for the remainder of the term. The appropriate appointing authority may remove a member for failure to fulfill his duties and responsibilities. Sec. 2-531. Structure. (a) At its initial meeting the committee shall elect a chairperson, vice-chairperson and recording secretary from its membership to serve for a period of one year. Said officers shall be elected annually, thereafter. (b) The Open Space and Recreation Committee will structure ad-hoc committees, as needed, to address specific objectives of the committee and shall recruit, a as needed, members to serve in a non-voting advisory capacity. 80 Sec. 2-532. Duties and Powers (a) The Open Space and Recreation Committee shall act as an advisory committee to the mayor, city council, city departments, private organizations and the general public on matters concerning open space and recreation and shall have no budgetary powers. (b) A majority of the appointed members presently named and serving on the committee shall constitute a quorum and no meeting shall be held or continued without a quorum present. A majority of the members presently named and serving on the committee shall be necessary for approval or disapproval of any matter. (c) Upon its formation, a mission statement shall be formulated. (d) The committee shall adopt rules and regulations for keeping accurate minutes. (e) The committee shall appear before the city council in the months of March and October and present a semi-annual report. (f') Said committee's function shall include, but not limited to the following: (1) Prepare, and from time to time, update a five year open space and recreation plan for current and future use. (2) Prepare a continuing inventory of open space in the city. (3) Research and recommend financing alternatives for the acquisition and preservation of open space and development of recreational facilities including the impact on the fiscal budget. (4) Set criteria for prioritizing open space acquisition and recreational facility development and redevelopment for current and future use. (5) Explore creative strategies to preserve open space (6) Recommend any changes in state and local laws to facilitate the acquisition and preservation of open space. First Passage: April 5, 1999 Final Passage: April 20, 1999 Ordinance read once and held for final uassa~,e accordini to charter provisions 9-0 Vote #55 The Committee on Public Service and Aid to whom was referred the matter of Request for abatement on water bill-Anthony Mirabito, 150R Dodge Street 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 DENY the request of Anthony Mirabito, 150R Dodge St for an abatement on his sewer bill in the amount of $100.00. Order read once and adopted 9-0 Vote #86 The Committee on Public Service and Aid to whom was referred the matter of Removal of two live trees at 17 and 23 Union Street have considered said matter and beg leave to report as follows, to wit: Referred back to Committee on Public Service and Aid #119 The Committee on Public Service and Aid to whom was referred the matter of Request by the Golden Hanger to hang a sign at 231 Cabot Street 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 Golden hanger Consignment 81 Boutique to hang a sign at 231 Cabot Street provided that a copy of the insurance be filed with the City Clerk. Order read once and adonted 9-0 Vote #121 The Committee on Public Service and Aid to whom was referred the matter of Acknowledgement of volunteers that serve on commissions, board and committees have considered said matter and beg leave to report as follows, to wit: Submit the accompanying mended order and recommend its adoption Ordered: That a system be set in place so that any person that serves on a board, commission or committee be sent a letter or Certificate of Appreciation for their work thru the office of the City Clerk. Order read once and adonted 9-0 Vote tINFINISHED BUSINESS: #137 Resolutions: City Council City of Beverly, Massachusetts Thomas Tanous Be it known that the City Council of the City of Beverly, Massachusetts, offers its sincere congratulations to Thomas Tanous on the occasion of his retirement from the Beverly School Department; And be it further known that the City Council joins with the citizens of, Beverly in expressing its pride in Tom's numerous professional and personal accomplishments; And be it further known that the City Council offers its sincerest appreciation for Tom's many years of exemplary service to the citizens of Beverly. The entire membership extends its very best wishes for a future of happiness and good fortune. Peter H. Gilmore Timothy P. Flaherty Joyce A. McMahon Maureen E. Troubeiaris Russell W. Rollins Carol A. Van Liere Virginia D. MeGlynn Donald G. Martin John W. Murray Motions and Orders (Taken out of order) #136 By Councilor Gilmore: ORDERED: That the Revised ordinances of the City of Beverly be mended as follows: 1. By inserting the following in Section 29-2, entitled "Definitions" and renumbering the subsequent subsections accordingly.I 82 Boarder: A Person who rents a room for a period of not less than four (4) consecutive weeks in a dwelling owned and occupied by another 2. By inserting the following Section 29-5, the following new subsection entitled "Permits for Boarders." Any other City ordinance to the contrary notwithstanding, the owner of a dwelling may rent a room or rooms in such dwelling to not more than two (2) boarders only by a license issued by the City council upon the following terms and conditions: 1. Any license so issued will be non-transferable, and will expire: a. 48 months from the date of issue, subject to renewal for additional 48 month periods by the City Clerk; or, if sooner b. the date on which the property owner to whom it is used ceases to own or to reside at the property, or c. the date on which the license is revoked by the City Council as provided in paragraph 9. 2. Any license so issued will not constitute an acknowledgment by the City of Beverly that the dwelling may legally be used as a multi-family dwelling. 3. Occupancy by boarders shall be limited to the main structure on the property. 4. There must be one (1) off-street parking space for each boarder which parking space (s) shall comply with the requirements of Section 29-24. E. - Design Requirements, of the Revised ordinances. 5. The area of the dwelling occupied by the boarders shall not have separate cooking facilities or a separate entrance. 6. The applicant for a license shall (1) submit an application to the City Clerk on a form approved by the City Council, (2) prepare and file with the application a floor plan of the dwelling and a site plan, both drawn to scale, which will enable the City Council to determine the area of the property to be occupied by any boarders and the location of the required parking area, and, in appropriate circumstances, evidence of the right of any applicant to use the designated parking area for this purpose, (3) copies of the current deed to the property and of any decisions of the Zoning Board of Appeals or. the Planning Board that have been previously issued for the property, and (4) pay a one time fee of $ 1 00.00 7. Upon receipt of an initial application under this Section the City Clerk shall send a notice of such application via first class mall to direct abutters of the applicant, including those opposite the property on a public way. The notice shall include the name and address of the applicant, the date, time and place at which the application will be reviewed by the appropriate committee of the City Council, and the right of the abutter to attend the meeting and to address the Committee concerning the application. 8. At the request of any member of the City Council, and after notice to the license holder and an oppommity to be heard, any license so issued may be revoked for good cause by a majority vote of the City Council 9. Any person who violates this Ordinance shall be subject to a fine of up to $300.00. Each day that the violation continues shall be considered as a separate offense. Referred to Leeal Affairs and Accounts Meeting Adjourned at 8:47 PM Attest: Frances A. Macdonald C.M.C City Clerk 83