1999-06-217:00 PM #204 A Public Hearing re Appro. To Acct Hannah & Cove School Repairs
($19,908,0960)
Referred to Finance and Property
7:15 PM #205 A Public Hearing re Appro. To Acct School Funding ($400,000)
Referred to Finance and Property
7:30 PM #206 A Public Hearing re Trans. To Acct Briscoe Middle School Repairs
($17S,000)
Referred to Finance and Prooertv
7:45 PM #207 A Public Hearing re Trans. To Acct Various Departments ($754,000)
Referred to Finance and ProDertv
7:55 PM #182 A Public Hearing re Petition - Bell Atlantic conduit in Cabot St.
Referred to Public Service and Aid
7:58 PM #214 A Public Hearing re Petition - Mass Electric conduit in Cabot St.
Referred to Public Service and Aid
Regular Meeting of Beverly City Council~ JUNE 21, 1999
Roll Call: All Councilors were present.
Pledge of Allegiance to the Flag: Led by Councilor Rollins
Acceptance of Minutes of Previous 14eeting:
Minutes of meetings of May 17, 1999, Special Meeting of June 2, 1999 and
regular meeting of June 7, 1999 were accepted
Appointments:
Communications from His Honor the Hayor:
#227
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, sub3ect to your review and recommendation, the attached list of election workers to work
for the City during the elections of 1999 as per the attached letter f~om City Clerk, Frances Macdonald.
Very truly yours,
William F. ScanIon, Jr, Mayor
Referred to Public Service and Aid
]34
#228
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Please take steps to transfer the $625,000 from the sale of the Hatdie School to the "Briscoe Middle School
Renovations Account." Please schedule a public hearing on this matter at your earliest convenience.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and ProDertV
#229
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
1 hereby request that your Honorable Council authorize the Mayor to sign the seven attached Subordination
Agreements for properties owned by Madeline Frisch, Trustee of Lindberg Realty Trust at 7 Porter Street, 16
Cox Court, 25 and 37 Bartlett Street, 84 Cabot Street and 23-23 '/2 Central Street as per the attached request
from Community Development Manager Dawn Goodwin.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Prohetty
Communications from Other City Officers and Boards:
#230
Minutes of Beverly Harbor Management Authority Meeting June 3, 1999
Referred to Finance and Property
#231
Honorable City Council
191 Cabot Street
Beverly, MA 01915
RE Request of Briscoe PTO for a variance to install a school sign
Dear Members of the Council:
On behalf of the Briscoe PTO, I have filed a request with the Board of Appeals for a
variance permitting the installation of a free standing school sign at Briscoe Middle School.
I am now asking the City Council to waive the $175.00 filing fee. The Briscoe PTO derives
almost all of its funds from the efforts of the students who sell magazines every fall. These
proceeds fund arts presentations, team funds used for field trips, purchase of school library
books, the Eight Grade Recognition (graduation) Party, and the purchase of school
materials and equipment. As you can well imagine, the need always outstrips the means.
Over a year ago the PTO voted to purchase a freestanding sign stating simply "Briscoe
Middle School". The design work was donated by a parent and, in order to make the sign
affordable, we sought help from North Shore Vocational High School. We held a Bottle
and Can Drive in the spring of 1998 and designated all proceeds for the sign purchase.
We have recently become aware that in addition to receiving approval by the Design
Review Board (received in December 1998) we must also a variance from the Board of
Appeals. On behalf of the PYO, Irequest that you waive the filing fee so that the $175.00
135
can be spent at Briscoe meeting student needs. Should you require any further
information, kindly advise. On behalf of the PTO, I thank you for your consideration of this
matter.
Sincerely
Kate Davis, Briscoe PTO Sign Committee
Referred to Public Service and Aid
Communications, Applications and Petitions;
#232
Communication from Washington's Naval Base, Inc. request to waive City Ordinance,
Alcohol jn Public Buildings for event at Senior Center .luly ]0, lggg from 6:00 to ~-0:00
PM
Referred to Leaal Affairs and Accounts
#233
Communication from Finn and Sons re Water Charges at 8 - 10 Porter Street
Referred to Public Service and Aid
#234
Communication from Finn and Sons re Water Charges at I 1 Highland Avenue
Referred to Public Service and Aid
#235
Communication from Mass Dept of Revenue re Guidelines for Annual Assessment and
Allocation of Tax Levy
Referred to Finance and Property
#236
Communication from Powers and Sullivan relative to water and sewer issues
Referred to Finance and Prooertv
#237
Application Livep/License-Robert MacKenzie, 45 Dartmouth Street
Referred to LeQal Affairs and Accounts
#238
Application Fortune Tellers License Tina Mitchell Tino's Psychic Studio, 273 Rantoul St.
Refer to Lenal Affairs and Accounts
#239
Application for Petroleum Storage License (Above Ground} Beverly Port Marina
Referred to Leaal Affairs and Accounts
136
#240 (Late File)
The Great Estate By-Law from Town of Ipswich
Referred to LeQal Affairs and Accounts
Reports from Committees:
#177
The Committee on Finance and Property to whom was referred the matter of
Communication regarding the sale of the Hardie School and the Financing of Briscoe
repairs 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
#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 approve the enclosed Loan
Order Hannah and Cove School Projects in the amount of nineteen million, nine
hundred eight thousand and ninety six ($1 9,908,096.00)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 Mtmicipal 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 fumishing 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 Heating: June 21, 1999
Final Passage: June 21, 1999
Order read once and adooted on a Roll Call Vote
137
Roll Call:
Yea: Flaherty, Martin, McGlynn. McMahon, Murray, Rollins, Troubetarjs, Van Liere, Gilmore
Nay: None
Absent: None
#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
matter and beg leave to report as follows, to wit:
Submit the accompanying amended order and recommend its adoption
Ordered: That the City Council approve an appropriation to account, School Distdct in the
amount of three hundred eighty seven thousand seven hundred and thirty nine ($387,739)
Dollars from accounts State Lottery Aid and Miscellaneous non recurring revenues.
First Passage: June 7, 1999
Public Hearing: June 21, 1999
Final Passage; June 21, 1999
Order read once and adooted on a Roll Call Vote
Roll Call:
Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere, Gilmore
Nay: None
Absent: None
#206
The Committee on Finance and Property to whom was referred the matter of Transfer to
Account Repairs to Briscoe Middle School ($175,000.00} have considered said matter and
beg leave to report as follows, to wit:
No Further Action
Order read once and adooted 9-0 Vote
#212
The Committee on Finance and Property to whom was referred the matter of
Communication from town of West Boylston re Annual Reports have considered said
matter and beg leave to report as follaws, to wit:
Receive and place on File
Order read once and adooted 9-0 Vote
#215
The Committee on Finance and Property to whom was referred the matter of Minutes of
Beverly Harbor Management Authority meeting of May 6, 1999 have considered said
matter and beg leave to repod as follows, to wit:
Order read once and adooted 9-0 Vote
#216
The Committee on Finance and Property to whom was referred the matter of Request to
purchase Bridge Street Fire Station by ProVenture 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
138
#218
The Committee on Finance and Property to whom was referred the matter of Request by
the Lothrop Club to use City Flag 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 Lothrop Club for the use of
the Beverly Flag at a ceremony on June 16, 2000.
Order read once and adopted 9-0 Vote
#228
The Committee on Finance and Property to whom was referred the matter of Transfer to
Account Briscoe Middle School Renovations ($625,000) 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 Tuesday,
July 6, 1999 at 7:55 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding
transfer to account from Sale of Hardie School to Briscoe Middle School Renovations in
the amount of six hundred twenty five thousand ($625,000) Dollars.
First Passage:
Public Hearing:
Final Passage:
June 21, 1999
July 6, 1999
July 6, 1999
Order read once and adopted 9-0 Vote
#109
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Planning Board recommendation Open Space & Recreation Zoning District have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adooted 9-0 Vote
#136
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Roomers and Boarders have considered said matter and beg leave to report as follows,
to wit:
Receive and Place on File
Order read once and adooted 7-2 Vote with Gilmore and Van Liere voting against
#170
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application for Class II Motor Vehicle Dealers License 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 a Motor Vehicle Dealers License (Class II)for Krino
Motors, 61 Cabot Street upon the receipt of a copy of the plot plan.
Order read once and adopted 9-0 Vote
139
#186
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-
Robert A. Ledoux, Jr. 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
#208
The Committee on Legal Affairs and Accounts to whom was referred the matter of Waiver
of Right of First Refusal have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption
ORDERED: That the Nayor be, and the same is hereby authorized to sign the
enclosed Waiver of Right of First Refusal for #36 Dunham Road, Unit 108, Christopher
Murphy
Order read once and adooted 9-0 Vote
#209
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic re Stop Sign Dane St. at Knowlton St. 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
On Ordinance mending an ordinance entitled Motor Vehicles and Traffic re Obedience
to isolated Stop Signs
Be it ordained by the city council of the City of Beverly as follows:
That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
ADD: Dane Street, eastbound and westbound drivers on Dane Street at Knowlton
This ordinance to take effect upon passage according to City Charter.
First Passage: June 17, 1999
Final Passage: July 6, 1999
Ordinance read once and held for oassaoe as per charter provisions 9-0 Vote
#210
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic -30 minute parking Cabot St. have considered said
matter and beg leave to repod 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 30-Minute
Parking
140
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 14, Section 124 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
ADD: 30-Minute Parking, Cabot Street, southerly side, from 378 to 380 Cabot
Street
This ordinance to take effect upon passage according to City Charter.
First Passage: June 17, 1999
Final Passage: July 6, 1999
Order read once and held for final oassaae as oer charter provisions 9-0 Vote
#211
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Homecoming Committee request to hang banner have considered said matter and beg
leave to repod as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the Beverly homecoming Committee be granted permission to hang a
banner across Cabot Street from July 1 to August 10, 1999 provided they are properly
insured and that the banner is hung by a licensed rigger.
Order read once and adooted 8-0 Vote Councilor Flaherty abstained
#213
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim
Cheryl Gavazzi 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
#219
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Second Hand Junk Dealers License Design & consign have considered said
matter and beg leave to report as follows, to wit:
Recommend the license be granted
Order read once and adooted g-0 Vote
#220
The Committee on Legal Affairs and Accounts to whom was referred the matter of Class II
Motor Vehicle Dealers License, Front Line Motor Sales, 3 Colon Street have considered
said matter and beg leave to report as follows, to wit:
Recommend the License Be Granted
Order Read once and Adooted 8-1 Vote Gilmore voting against
#223
The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim
- David Parsons have considered said matter and beg leave to report as follows, to wit:
141
Receive and Place on File
Refer to City Solicitor
Order Read once and Adooted 9-0 vote
#224
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Demand for Payment-Acoustical Ceilings for North Beverly Elementary 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
#229
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreements Madeline Frisch Trustee have considered said matter and beg
leave to repod 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 AGREEMENT for Madeline Fr/sch, Trustee of Lindberg Realty
Trust for properties at 7 Porter Street, 16 Cox Court, 25 and 37 Bartlett Street, 84 Cabot
Street and 23-23 ~ Central Street as per the attached communication from Dawn Goodwin,
Community Development Manager
Order Read once and Adooted 8-1 vote Murray voting against
#232
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Washington's Naval Base, Inc. request for waiver of city ordinance 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 Washington's Naval Base, Inc., to
waive City Ordinance, Chapter 15, Section 10 to allow alcoholic beverages at the Beverly
Senior Center on July 30, 1999 from 6:00 to 10:00 PM for a Homecoming Auction.
Order Read once and Adopted 9-0 vote
#239
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Beverly Port Marina for above ground petroleum storage license have
considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order Read once and Adooted 9-0 vote
#240
The Committee on Legal Affairs and Accounts to whom was referred the matter of The
Great Estate By-Law have considered said matter and beg leave to report as follows, to
wit:
142
Refer to Planning Department
Order Read once and Adopted 9-0 vote
#168
The Committee on Public Service and Aid to whom was referred the matter of Petition Bell
Atlantic for underground conduit in Hale Street have considered said matter and beg
leave to report as follows, to wit:
Recommend the Petition be Granted
Order Read once and Adonted 9-0 vote
#182
The Committee on Public Service and Aid to whom was referred the matter of Petition Bell
Atlantic for underground conduit in Cabot Street have considered said matter and beg
leave to report as follows, to wit:
Recommend the Petition be Granted
Order Read once and Adonted 9-0 vote
#214
The Committee on Public Service and Aid to whom was referred the matter of Petition
Mass Electric for conduit and cable in Cabot Street have considered said matter and
beg leave to report as follows, to wit:
Recommend the Petition be Granted
Order Read once and Adopted 9-0 vote
#217
The Committee on Public Service and Aid to whom was referred the matter of GEC
Immediate Response Action completion Report & Response Action Outcome Statement-
14 Baker Ave. have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order Read once and Adooted 9-0 vote
#222
The Committee on Public Service and Aid to whom was referred the matter of Request by
Citizens of South Terrace to have the Fence at Seawall replaces have considered said
matter and beg Jeave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City council approve the request from residents of South Terrace to
have the public works department refurbish or replace the fence at the Seawall
Order Read once and Adopted 9-0 vote
#225
The Committee on Public Service and Aid fo whom was referred the matter of Use of
Pesticides, Herbicides and Similar Chemicals in City Parks and Playgrounds have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on FiJe
Order Read once and Adopted 9-0 vote
143
#231
The Committee on Public Service and Aid to whom was referred the matter of Briscoe
Middle School PTO request to waive filing fee 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 Briscoe Middle School PTO to
waive the filing fee of $175.00 for a freestanding sign at Briscoe Middle School.
Order Read once and Adopted 9-0 vote
#207
The Committee on Finance and Properly referred the matter of various transfers within
budget and moneys for expected contract settlements to the Committee of the Whole
and the committee has 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 having been held the City Council approves the following
transfers to accounts as request by Finance Director John Dunn:
Account Transfer-in
Clerk of Committees
insurance 11124/57400 16,000
Municipal Finance
EDP Services 11382/53046 23,000
Revaluation 11413/58803 39,000
Municipal Inspection
City Hall Renovation 12417/85770 30,000
Engineering
UST Removal 14102/53858 25,000
Community Services
Library Repairs 16102/52432 50,000
Debt Service
Shod Term Principal 17519/59105 79,000
Shod Term Interest 17528/59110 27,000
Health Insurance
Police
Retro Pay 12101/51530 220,000
Fire
Retro Pay 12201/51530 150,000
Public Services
Retro Pay 14221/51530 70,000
Ubrary
Retro Pay 16101/51530 25,000
Execulive
Transfer-out
289,000
Reserve for Appropriations 11324/57820 465,000
TOTALS 754,000 754,000
Order read once and adopt 7-0 Vote with Councilors Rollins and Van Liere Abstaining
UNFINISHED BUSINESS:
The following ordinances were read into council and held for final passage after
advertising:
#109 Ordinance Creation of Municipal Open Space and Recreation Zoning District
#143 Ordinance Motor Vehicles and Traffic re Truck Exclusion Eastern & Northern Ave.
144
#180 Ordinance I~lotor Vehicles and Traffic re parking West Street
RESOLUTZONS:
#241
Eagle Scout: Ethan Tyler Norton, Troop Six, Boy Scouts of America
#242
Eagle Scout: Ronald Zabilski, Troop Six, Boy Scouts of America
MOTTONS AND ORDERS:
Meeting Adjourned at 10:55 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
145