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1999-06-077:55 PM #168 A Public Hearing re Petition of Bell Atlantic for underground conduit in Hale St. Referred to Public Service and Aid Regular Meeting of Beverly City Council, 3UNE 7, 3.999 Roll Call: Councilors present were: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Van Liere and Gilmore. Councilor Troubetaris was absent Pledge of Allegiance to the Flag: Led by Councilor Murray Acceptance of Minutes of Previous Meeting: Minutes were held until meeting of June 21, 1999 Appointments: Communications from His Honor the Mayor: #204 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In accord with the accompanying letter from the Chair of the Planning and Construction Committee it is hereby requested that the sum of $19,908,096 be appropriated for the Hannah and Cove School projects. This number represents the maximum number against which the State of Massachusetts will currently offer reimbursement. Reimbursement in Beverly's case is currently at 64%. Our current expectation for the total cost of the project using an 8% construction contingency factor is $18,550,206. As recommended on the attached, we intend to award the construction contract for the two schools in the amount of $14,289,000 to the Peabody Construction Company of Braintree, MA. Approval of this appropriation and award of the contract during the month of June 1999 is essential to maintain reimbursement eligibility. Please set a public hearing on this appropriation as soon as possible. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Property #205 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In order to provide additional funding to our School District I hereby request that $400,000 be appropriated from two State Aid revenue accounts which we know with certainty will be over budget for FY 1999. Earlier this fiscal year, we received additional State Lottery Aid in the amount of $338,939. In addition, as a result of a recent conversation with the Department of Education, we found that our School Transportation Reimbursement will be in the amount of $273,010, compared to the $184,977 budgeted. The total positive revenue variance in these two accounts is $426,972. These ~nds will allow the schools to prepay costs for items such as needed textbooks and curriculum items and special education tuitions. 121 Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Property #206 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In order to provide additional funding to our school district to complete necessary short- term improvements to the Briscoe Middle School, it is hereby requested that $175,000 of revenues in excess of budget for FY 19999 be transferred to the Briscoe Middle School Renovation Account. It is further requested that any favorable variances from this transfer or the $625,000 being transferred as a result of the sale of the Hardie School be made available to the Superintendent of Schools to apply to the FY 2000 budget. The positive revenue variance in Motor Vehicle Excise receipts now stands at over $186.000, which will be the source of this transfer. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and ProDertV #207 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached is a note from John Dunn to me summarizing various necessary financial transfers including moneys for expected contract settlements. Please set a date for a public hearing on these transfers as soon as possible. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Pronetry Communications from Other City Officers and Boards: #208 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Councilors: As you are aware, the City of Beverly has two affordable housing development units, which were approved by the Board of Alderman and the Board of Appeals several years ago. Dunham Castle Condominiums on Dunham Road and Dane Square Condominiums on Dane Street were approved in the late 1980's with conditions. One specific condition indicates that a certain number of units in each development be set aside for first-time homebuyers from Beverly. Whenever the owner of one of these affordable housing units wishes to sell his or her condominium, the deed restriction for the units require the owner to notify the City. The City then attempts to find a buyer who meets lhe specified eligibility requirements, usually 122 with success. The guidelines and deed restrictions that go with each affordable housing unit also require that the City be given the option of purchasing the unit. If the City decides not to exercise the option, it must execute a "Waiver of Right of First Refusal." This waiver only applies to the transfer in question at the time, the deed restriction requires that such a waiver be signed before each and every change in ownership. The owner of Unit #108, 36 Dunham Road, Christopher J. Murphy, is in the process of selling his unit. 'Accordingly, I am forwarding the attached Waiver of Right of First Refusal to the Council for its consideration, and hopefully, its authorization for the Mayor to execute the waiver on the City's behalf. Thank you for your consideration of this request. If you have any questions on the process or the waiver itself, please do not hesitate fo contact me at extension 173. Respectfully submitted, Debra A. Hurlburr Assistant Planning Director Referred to Leaal Affairs and Accounts #43 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Councilors: RE Various Proposed Amendments to the Zoning Ordinance Dear Members of the Council: Last month, the Planning Board forwarded recommendations to you on several of the proposed zoning amendments contained in the Order referenced above. A copy of those prior recommendations are attached to this letter for your information. At a meeting of the Beverly Planning Board held on Tuesday, May 18, 1999, members of the Board considered several additional amendments proposed in Order #43 and made the following recommendations: Revised definition of home occupation and transfer of permitting authority to the City Council: Recommend the proposed amendment NOT be adopted. , Implement fees for Design Review Board filings: Recommend the proposed amendment be adopted. Amended parking calculation based on square footage (Section 29-24): Recommend the proposed amendment NOT be adopted There are two remaining components of the Order on which the Board has yet to formulate recommendations. With respect to the amendments regarding provisions for pedestrian access ways in parking areas, the Board has asked the Building Inspector to provide recommended dimensions for the access ways prior to formulating a recommendation. With respect to the adoption of Overlay District being enacted as independent ordinances, the Board has invited City Solicitor Marshall Handly to provide legal input to the Board on the issue prior to voting on the matter. The Board hopes to make recommendations on the remaining issues outlined in the previous paragraph at its upcoming meeting on June 15m. If you have any questions with respect to the Board's recommendations in the meantime, please feel free to contact City Planner Tina Cassidy at 921-6000 Extension 173 Respectfully, Richard Dinkin, Chairperson Referred to Leaal Affairs and Accounts 123 #109 Honorable City council 191 Cabot St. Beverly, MA RE Creation of Municipal Open Space and Recreation Zoning District and Rezoning of lots to the new Zoning District. Dear Members of the Council: Following a Joint Public Hearing between the City Council and Planning Board held on Monday, May 17, 1999, members of the Board discussed the above-referenced Order and the comments made during the public hearing. Following a brief discussion, members voted unanimously to recommend that the Order be adopted as proposed. Please feel free to contact City Planner Tina Cassidy at 921-6000 ext 173 if you need any additional information on the Planning Board's recommendation Respectfully, Richard Dinkin, Chairperson Referred to Leaal Affairs and Accounts #209 Honorable City council City Hall Beverly, MA 01915 Dear Council, RE: Request for Stop Signs, Dane Street at Knowlton St both directions We have been asked to look into the possibility of placing STOP signs on Dane Street at Knowlton Street, both directions on Dane Street, to make this a 4 Way Stop. We have investigated this location and determined the additional STOP signs meet the warrants and should be placed at this location, and would make the area safer for motorists and pedestrians. 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: Dane Street, eastbound and westbound drivers on Dane Street at Knowlton Street Very truly yours, Dennis O. Tarsook Traffic Sergeant Referred to Leaal Affairs and Accounts #210 Honorable City Council City hall Beverly, MA 01915 RE Request for 30-minute parking Dear Councilors: We have received calls from the businesses at 378 to 380 Cabot Street in regards to long term parking hampering their ability to conduct their businesses. They are requesting a reasonable request and I am recommending the passage of this ordinance. 124 Please take the necessary action to amend City of Beverly Revised Ordinances as follows: ADD: C 14, Sec. 124, 30 Minute Parking, Cabot Street, Southerly side, from 378 to 380 Cabot Street Very truly yours, Dennis O. Tarsoak, Traffic Sergeant Referred to Leaal Affairs and Accounts #211 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: On behalf of the Beverly Homecoming Committee we would like to request permission to hang a Banner across Cabot Street to specify the dates of this year's Homecoming July 30-August 8, 1999. We have confirmed with the Chamber of Commerce and the dates the Banner is scheduled to fly across Cabot Street this year will be July 1 fo August 10, 1999. We have permission from Pare McGrath Director of the Chamber of Commerce to use their hooks to fly the Banner. Our Department of Public Works will hang the Banner for us. Please let us know as soon as possible if permission is granted. Thank you for your consideration. Sincerely Tim Flaherty Alan Ternkin Homecoming Committee Referred to Leaal Affairs and Accounts Communications, Applications and Petitions; #212 Communication from Finance Committee-Town of West Boylston re Annual Report for FY2000 data on disk Referred to Finance and Prooertv #213 Claim-Cheryl Gavazzi, 33 Herrick St. Beverly - Pathale Referred to Leeal Affairs and Accounts #214 Petition Mass Electric for conduit in Cabot Street Referred to Public Service and Aid #215 I~linutes of Beverly Harbor Management Authority meeting of May 6, 1999 Referred to FInance and Property 125 #216 Request from ProVenture to purchase Cjt:y Property Referred to Finance and Pronertv #217 Communication from GEC re Immediate Response Action Completion Report and Response Action Outcome Statement, 14 Baker Ave. Referred to Public Service and Aid #218 Request by Lathrap Club to use City Flag for Ceremony June 16, 2000 Refer to Finance and Prooertv #219 Application for Second Hand Dealers License - design and Consign-For the Home, 202 Rantoul St. Referred to Leaal Affairs and Accounts #:2:20 Application for Class Two Motor Vehicle Dealers License-Front Line Notor Sales, 3 Colon Street Referred to Leual Affairs and Accounts Application for Class Two Motor Vehicle Dealers License- Auto Body clinic, 29 river St. Beverly Referred to Leaal Affairs and Accounts #222 Communication relative to chain link fence at the Seawall, South Terrace Referred to Public Service and Aid #223 Claim-David Parsons, 42 Leach St, Salem Referred to Leaal Affairs and Accounts #:2:24 Central Ceilings, inc. Demand for Direct Payment-No. Beverly elementary School Referred to Leeal Affairs and Accounts 126 Reports from Committees: #139 The Committee on Finance and Property to whom was referred the matter of Communication from Montserrat College of Art re P I L O T Program have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #204 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Hannah and Cove School Projects ($19,908,096.00) 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 of the City of Beverly hold a public hearing on June 21, 1999 at 7:00 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding an appropriation to account for Hannah and Cove School Projects in the amount of nineteen million, nine hundred eight thousand and ninety six ($19,908,096.00)Dollars. Loan Order: That $19,908,096 is appropriated for constructing additions to and remodeling, reconstructing and making extraordinary repairs to the Hannah Elementary School and the Cove Elementary School, including original equipment and furnishings and related site improvements; 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 $19,908,096 under G. L. c.44, 7 or Chapter 645 of the Acts of 1948 as amended, and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws; that the borrowing authorized by this order, as well as the $2,130,000 borrowing authorized by the order approved by the Mayor on January 2, 1996 for the cost of architectural services for plans and specifications for school projects, the $6,659,100 borrowing authorized by the order approved by the Mayor on January 24, 1997 for constructing, originally equipping and furnishing a new elementary school on Balch Street, and the $7,340,000 borrowing authorized by the order approved by the Mayor on May 20, 1998 for construction additions to and remodeling, reconstructing and making extraordinary repairs to the Ayers/Ryal Side Elementary School, shall be incurred pursuant to both this order and those orders, respectively, and the order approved by the Mayor on May 13, 1996 which authorized a borrowing of $37,000,000 for various elementary school construction and remodeling projects; that the City Treasurer is further authorized to file a certified copy of this order and provide such other information and execute such other documents as the Board may require; and that all bonds or notes issued hereunder shall be certified to in writing as to their genuineness by Fleet National Bank of its successor. First Passage: June 7, 1999 Public Hearing: June 21, 1999 Final Passage: June 21, 1999 Order read once and adoDted 8-0 Vote #205 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account - Additional School Funding ($400,000.00) have considered said 127 matter and beg 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 hold a public hearing on June 21, 1999 at 7:15 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding an appropriation to account for additional school funding in the amount of four hundred thousand ($400,000.00) Dollars. First Passage: June 7, 1999 Public Hearing: June 21, 1999 Final Passage: June 21, 1999 Order read once and adooted 8-0 Vote #206 The Committee on Finance and Property to whom was referred the matter of Transfer to Account Repairs to Briscoe Middle School 15175,000.00) 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 of the City of Beverly hold a public hearing on June 21, 1999 at 7:30 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding transfer to account Briscoe Middle School Repairs in the amount of one hundred seventy five thousand ($175,000) Dollars. First Passage: June 7, 1999 Public Hearing: June 21, 1999 Final Passage: June 21, 1999 Order read once and adopted 8-0 Vote #207 The Committee on Finance and Property to whom was referred the matter of Various transfers within budget and moneys for expected contract settlements 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 of the City of Beverly hold a public hearing on June 21, 1999 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding various transfers within budget and moneys for expected contract settlements in the amount of Seven Hundred Fifty Four thousand ($754,000) Dollars First Passage: June 7, 1999 Public Hearing: June 21, 1999 Final Passage: June 21, 1999 Order Read once and Adopted 8-0 Vote #12 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Petroleum Storage at Beverly Municipal Airport have considered said matter and beg leave to report as follows, to wit: Recommend the License Be Granted Order read once and adopted 8-0 Vote 128 #109 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance re Creation of Municipal Open Space and Recreation District and rezoning of Assessor's map #82, Lot 9 and Map #81 Lot 191 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 ZONING Be it ordained by the City Council of the City of Beverly as follows: Amend Chapter 29 of the City of Beverly Zoning Ordinance by creating a new zoning district entitled "Municipal Open Space & Recreation District" and to rezone the following parcels as "Municipal Open Space & Recreation District"; Assessor's map #82, Lot 9 and AssessoPs Map #81, Lot 191 ADD: "29-32 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT 1. Purpose - The Municipal Open Space and Recreation District is established in accordance with the boundaries as shown on the Zoning District Map. The primary purposes of the Municipal Open Space and Recreation District are to encourage the preservation of large, contiguous wetland areas and open space for park land, active and passive recreation, reservations, community gardens, rivers and streams, and similar uses. It is intended that the Municipal Open Space and Recreation District will permanently protect these open space resources so as to enhance the quality of life for residents and visitors to the area. The Municipal Open Space and Recreation District may also encompass welland resource areas, open space, and recreational areas where there are important public health, safety, and welfare interest in watershed and flood potential protection, preservation of wildlife habitat, and conservation of recreational land for resident use and enjoyment. Permitted Uses Within the Municipal Open Space and Recreation District (A) conservation of soil, water, plants and wildlife; (B) outdoor recreation, not involving the use of motor vehicles or motor boats, including boating, fishing, and nature study where otherwise legally permitted: (C) active recreation including playing fields and other athletic purposes; (D) foot, bicycle, and horse paths and bridges: (E) community gardens (F) fences, parking lots, landing, piers, small structures for non-commercial uses, and public restroom facilities; Uses Permitted by Special Permit within the Municipal Open Space and Recreation District-Upon the issuance of a special permit for an exception by the zoning Board of Appeals, and subject to such other special conditions and safeguards as the Zoning Board of Appeals deems necessary to fulfill the purposes set forth in Section I, the following uses, structures and actions are permitted: (A) Dams, excavations or grading, consistent with the purposes of this section to create ponds, pools or other changes in water courses, for swimming, fishing or other recreational uses, agricultural uses, scenic feature, or drainage improvements. Within the Municipal Open Space and Recreation District the following uses are expressly prohibited: (A) land filling or dumping; (B) storage or disposal of hazardous materials; (C) storage or disposal of solid wastes as defined in M>G>L>, CH. 21C, as may be amended; (D) storage of materials or equipment, except when necessary to permitted activities above. First Passage: June 7, 1999 Final Passage: June 21, 1999 Order read once and held for final Dassacle as per City Charter 7-1 Vote Van Liere Against 129 #152 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Seth and Karen Manson have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #158 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance One Hour Parking West Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #176 The Committee on Legal Affairs and Accounts o whom was referred the matter of Order re traffic on McKay St. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #180 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Parking on West St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order 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 West Street Be it ordained by the City Council of the city of Beverly as follows: That Chapter 14, Sections 124 and 125 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: C14 See 125, One Hour Parking West Street, northerly side, in front of# 8 to # 16 West Street DELETE: C14 See 124 Thirty Minute Parking West St., southerly side, three (3) spaces in front of#31 West St. ADD: C14 See 124, Thirty Minute Parking West St. from #25 to #31 West Street 8:00 a.m. to 5:00 p.m. This ordinance to take effect upon passage according to City Charter. First Passage: June 7, 1999 Final Passage: June 21, 1999 Order read once and held for final oassaoe as Per Charter Provisions 8-0 Vote 130 #181 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm from Mass Development re bond proiect Landmark School have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #190 The Committee on Legal Affairs and Accounts to whom was referred the matter of application for Second Hand Junk Dealers License Treasure Trove, 135 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adooted 8-0 Vote #193 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic Storage of Boats, Recreational Vehicles, Seasonal, Junk or unregistered vehicles have considered said matter and beg leave to report as follows, to wit: Referred back to Leoal Affairs and Accounts #138 The Committee on Public Service and Aid to whom was referred the matter of Communication re Community Gardens on Cole St. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adooted 8-0 Vote #182 The Committee on Public Service and Aid to whom was referred the matter of Petition - Bell Atlantic for underground conduit Cabot St. 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 hold a Public Hearing on Monday, June 21, 1999 at 7:55 PM in the Council Chamber, 191 Cabot St. Beverly, relative to a petition of Bell Atlantic for an underground conduit in Cabot St, Order read once and adooted 9-0 Vote #185 The Committee on Public Service and Aid to whom was referred the matter of Communication from J. Johnson re B L A S T (Train Horns) 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 Clerk send a letter on behalf of the City council to Representative Joseph Sullivan, Chairman of the Joint Committee on Transportation expressing opposition regarding proposed bill H22264. 131 Order read once and adooted 9-0 Vote #186 The Committee on Public Service and Aid to whom was referred the matter of Claim Robert Ledoux, Jr. have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs and Accounts Order read once and adonted 8-0 Vote #192 The Committee on Public Service and Aid to whom was referred the matter of Request for Sidewalk Abbott Street have considered said matter and beg leave to report as follows, to wit; Submit the accompanying order and recommend its adoption Ordered: That a concrete sidewalk be put in on the Abbott Street Side of the Girdler House which is located on the comer of Lothrop and Abbott Streets Order read once and adooted 8-0 Vote #214 The Committee on Public Service and Aid to whom was referred the matter of Petition Mass Electric Conduit and cable in Cabot St. have considered said matter and beg leave to repod as follows, to wit; Submit the accompanying order and recommend its adoption Ordered: That the City Council of the city of Beverly hold a public hearing on Monday, June 21, 1999 at 7:58 PM in Council Chambers, 1912 Cabot Street Beverly, MA relative to a petition of Mass Electric for 4 4" PVC conduit and cable in Cabot Street Order read once and adopted 8-0 Vote UNFINISHED BUSINESS: #143 Order relative to Motor Vehicles and Traffic re Banning of Trucks on certain streets was amended to read trucks over two and one half tons and held for final passage on June 21, 1999. RESOLUTIONS: MOTIONS AND ORDERS: #225 By Councilor Gilmore: Ordered: That the Committee on Public Service and Aid meet with the Director of Public Services to establish or to clarify the policy concerning the use of pesticides, herbicides and similar chemicals in the City"s parks and playgrounds. Referred to Public Service and Aid 132 #226 By Councilor Rollins: Ordered: that the City Council meet with Chief Assessor John Heaphy, and the board of Assessors, on June 21, 1999 for the purpose of providing a better understanding to Beverly's Citizens of the process of assessing Residential Real Estate, and to explain the criteria used to assess waterfront property, and to further explain the Taxpayer's right to be taxed proportionately to other similar properties Referred to the Committee of the Whole Meeting Adjourned at 8:27 PM Attest: Frances A. Macdonald C.M.C City Clerk 133