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2000-12-187:30 PM Presentation by Algonquin Gas and Maritime and Northeast Pipeline Meeting of Beverly City Council December 18, 2000 Roll Call: Councilors present: Costa, Guanci, Martin, McGlynn, Smith, Troubetaris, Flaherty, and Murray. Councilor McMahon was absent Pledge of Allegiance to the Flag: Led by Councilor Murray Appointments: Acceptance of Minutes of Previous Meeting: Meeting of December 4, 2000 Communications from His Honor the Mayor: #406 December 18, 2000 Beverly City Council City Hall, 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: The purpose of this communication is to provide you with a progress report on the public safety facility issue and to formally request that you provide me with the authorizations necessary to proceed with this project. As you know, the City of Beverly has an option to purchase a two-acre site at Cummings Center for public safety related uses. The City has clarified a number of issues relating to the public safety facility over the past several months and is now ready to proceed with final building and site design. A discussion of these issues follows. The parcel on which we have an option is long and narrow (paralleling the railroad tracks) and as such presents significant architectural deslgn challenges, according to the City's consultant, Donham & Sweeney, Inc. After estimating the size of the building in general terms and considering the required site elements, we began negotiations with Cummings Properties to reconfigure the boundaries of the original two-acre public safety facility parcel in an effort to simplify the site design process. I am pleased to report that we have successfully negotiated the reconfiguration of the option parcel with Cummings. The parcel will be more square in shape than the original option parcel, will have more frontage on Elliott Street, and will still be a full two acres in size. Donham & Sweeney has concluded that the new option parcel is an appropriate site for the construction of Beverly's new public safety facility, and a preliminary site plan utilizing the modified option parcel is attached for your information. The City's permanent Building Planning and Construction Committee has jurisdiction over this project by City Charter. The Committee voted unanimously earlier this year to recommend the use of the reconfigured option parcel as the site of a new public safety facility. After extensive discussions with the State relative to the use of State-owned land of the Sohier Road/Brimbal Avenue interchange for a new fire station location, the Massachusetts Highway Department ('"MassHighway"") has approved the location of a new fire station within the cloverleaf of the interchange. MassHighway is currently helping the City obtain that land at no cost through the State"s disposition process. Based on the foregoing, the City is in a position to begin final building and site design work. Major points of the negotiated agreement with Cumrnings for the reconfigured parcel are summarized below. 211 1. The two-acre option parcel will be reconfigured as shown on the attached plan. 2. The City will use "friendly'" eminent domain proceedings to acquire the parcel to insure clear title to the property. 3. The City will obtain a license from the MBTA to move the fence paralleling the train tracks approximately ten feet to the east, toward the tracks. 4. Cummings will file an application with the Planning Board for permission to construct a parking deck on that portion of the original option parcel that the City will not be using. The construction proposed in the application will meet all zoning regulations. Upon Planning Board approval of this application, the City will waive the option it has on the original option parcel, and Cummings will waive its fight to any damages associated with the City's taking of the reconfigured option parcel. 5. Cummings has agreed to eliminate the $300 fee needed to exercise the option. This means that we will be able to acquire the public safety parcel from Cummings at no cost to the City. I would respectfully request that this matter be referred to the City Council's Committee of the Whole for consideration in light of the Council's interest in the subject. I look forward to the discussion. Very Truly Yours, William F. Scanlon, Jr. Mayor Referred to Committee of the Whole #407 December 18, 2000 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In order to bring the Homeless Shelter into being, several City permits have been required. I hereby request your approval to waive any City fees associated with the construction work needed to bring the facility into compliance with code. I am sure that if we were to impose such fees on the building owners, we would need to reimburse the owners for same thus achieving no purpose. As you know, the building is being put into shape and will be operated without the use of any City funds. Some CDBG funds will be used. We remain hopeful that work will be completed in the next few days. Please advise if you have any questions. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #408 December 18, 2000 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Coundl authorize the Mayor to sign the attached Subordination Agreement for property owned by Catherine Witwicki, 12 Beverly Hills Avenue, Beverly, MA as per the attached communication from Community Development Manager, Dawn Goodwin. 212 Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #409 December 18, 2000 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Paul Minsky, 15 Orchard Road, Swampscott, MA 01907, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. His term will be effective until December 31, 2003. Attached is Mr. Minsky's request for reappointment which has been approved by Police Chief William Terry. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #410 December 18, 2000 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the attached list of Northeast Health Systems Personnel as Special Police Officers for the year 2001 for Beverly Hospital properly. These appointments have been checked and approved by Police Chief William Terry. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Public Service and Aid Communications from other City Officers and Boards #411 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their Lodging House Licenses for the year 2001. City Council approval is needed to complete the process for licensing. Thank you for your help concerning this matter. 213 Sincerely, Frances A. Macdonald, CMC City Clerk Referred to Legal Affairs and Accounts #412 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their First, Second and Third Class Motor Vehicle Dealers Licenses for the year 2001. City Council approval is needed to complete the process for licensing. Thank you for your help concerning this matter. Sincerely, Frances A. Macdonald, CMC city C erk Referred to Legal Affairs and Accounts #413 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their Amusement Device Licenses for the year 2001. City Council approval is needed to complete the process for licensing. Thank you for your help concerning this matter. Sincerely, Frances A. Macdonald, CMC City Clerk Referred to Legal Affairs and Accounts Communications, Applications and Petitions #414 Application for Limousine License-Sterling-Swift Limousine, 3 Summit Ave. Referred to Legal Affairs and Accounts #415 Application for One Day Auctioneers License-Michael Purcell Referred to Legal Affairs and Accounts 214 #416 Camm from Salem Beverly Water Supply Board re volume of Water report Referred to Public Service and Aid #417 Camm Jrom mass Public Employee Retirement Administration re Required Fiscal Year 2002 Appropriation ($4,439,292) Referred to Finance and property #418 Comm. from Seder and Chandler re Winkal Holdings, LLC Property, Enon St. Planning Boards failure of notification Referred to Legal Affairs and Accounts #419 Petition of Keyspan Energy Delivery for installation of gas main in Balch Street Referred to Public Service and Aid #420 Application for temporary license for Storage of Propane gas during renovations of Cove School Referred to Finance and Property Reports from Committees: #389 The Committee on Finance and Properly to whom was referred the matter of Setting of tax classification 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 following: First Passage:Nov. 20, 2000 Public Hearing:Dec. 4/11,2000 Final Passage:Dec. 18, 2000 1. That the City NOT accept Open Space Exemptions 2. That the City ACCEPT that the Minimum Residential Factor for Calculation of the FY2001 Tax Rate be set at 0.927919 Order read once and adopted 8-0 Vote 215 #407 The Commiflee on Finance and Properly to whom was referred the matter of Waiver of Fees for homeless shelter 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 waiver of any fees associated with the permits needed to open the Beverly Homeless Shelter. Order read once and adopted 8-0 Vote #408 The Committee on Finance and Property to whom was referred the matter of Subordination Witwicki, 12 Beverly Hills Avenue 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 AGREEMENT for Catherine Witwicki (AKA Maloney), 12 Beverly Hills Avenue as per the attached communication from Dawn Goodwin, Community Development Manager Order read once and adopted 8-0 Vote #420 The Committee on Finance and Property to whom was referred the matter of Application for storage of Propane Gas (Temporary) for Cove School have considered said matter and beg leave to report as follows, to wit: Recommend License be Granted Order read once and adopted 8-0 Vote #400 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Zoning Board of Appeal Regular Member Margaret O'Brien have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointment Order read once and adopted 8-0 Vote #401 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment Zoning Board of Appeal Alternate Member Mark Schmidt have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 8-0 Vote 216 #405 The Committee on Legal Affairs and Accounts to whom was referred the matter of Second Class MVDL License Federal Street Auto have considered said matter and beg leave to report as follows, to wit:. Receive and Place on Flle Order read once and adopted 8-0 Vote #411 The Committee on Legal Affairs and Accounts to whom was referred the matter of Applications for Lodging House Licenses have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted Order read once and adopted 8-0 Vote #412 The Committee on Legal Affairs and Accounts to whom was referred the matter of Applications for Class I, II and III Motor Vehicle Dealers Licenses have considered said matter and beg leave to report as follows, to wit:. Recommend the Licenses be Granted Order read once and adopted 8-0 Vote #413 The Committee on Legal Affairs and Accounts to whom was referred the matter of Applications for Amusement Device Licenses have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted Order read once and adopted 8-0 Vote #415 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for One Day Auctioneers License Michael Purcell have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted Order read once and adopted 8-0 Vote #342 The Committee on Public Service and Aid to whom was referred the matter of Sidewalk installation at Beverly Hospital 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 217 #419 The Committee on Public Service and Aid to whom was referred the matter of Petition of Keyspan Energy Delivery 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 will hold a public heating on Monday January 2, 2001 at 7:58 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a petition of Keyspan Energy Delivery for the installation of approximately 400' of 4" plastic gas main in Balch St. Order read once and adopted 8-0 Vote Resolutions: Unfinished Business: The following order was read into Council minutes on Nov. 20, 2000 and held for final passage as per charter provisions: #388 Ordinance MV & T NO Minute Parking School Street Motions and Orders: #421 By Councilor Flaherty: Ordered: That the City Council refer all orders currently in Finance and Property, Legal Affairs and Accounts, Public Service and Aid and Committee of the Whole to next years {2001) City Government. Order read once and adopted 8-0 Vote #422 By Councilor Martin: Ordered: That at the next regular meeting of the City Council, the City Council goes into executive session with the Mayor, and City Solicitor, to discuss the legal situation regarding the Beverly Golf and Tennis Club and all options available to the City at this time. Order read once and adopted 8-0 Vote Meeting adjourned: 9:03 PM Frances A. Macdonald, CMC City Clerk 218