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2002-12-02From: "Fran Macdonald" <fmacdonald@ci.beverly.ma.us> To: <minutes@ci.beverly.ma.us> Subject: 12202 Date: Tue, 3 Dec 2002 15:27:03 -0500 X-Mailer: Microsoft Outlook Express 6.00.2800.1106 7:15 Thanks to Michael Cahill for many years of service to City Regular Meeting of City Council December 2, Roll Call : Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Costa Appointments: Acceptance of Minutes of Previous Meeting: Meeting of November 18, 2002 Communications from His Honor the Mayor : #396 December 2, 2002 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 156 Park Street owned by the Koscani and Beba families. Attacked is a communication from William O Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #397 December 2, 2002 Beverly City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Re: TAX AGREEMENTS FOR AFFORDABLE HOUSING I enclose for your review and consideration an Ordinance relative to the above-captioned matter, which is self-explanatory. I recommend that the Council accept the provisions of M. G. L. c. 58, s.8C and that the City of Beverly s Ordinances be amended to include the language attached herewith. Thank you for your consideration. Very truly yours, Thomas M. Crean, Mayor Ordered: That the City of Beverly accept the provisions of Massachusetts General Laws c. 58, s. 8C, and that Part II, Article IV of Chapter 2 of the Revised Ordinances of the City of Beverly be amended as follows: DIVISION 3A. TAX AGREEMENTS FOR AFFORDABLE HOUSING Section 2-333 Intent and Purpose Section 2-334 Authority to Negotiate Tax Agreements; Approval of the City Council Section 2-335 Delegation of Authority Section 2-333 INTENT AND PURPOSE Having determined that it is desirable for the City of Beverly to have an adequate stock of affordable housing and that the City of Beverly should encourage the development of affordable housing for its citizens, it is hereby declared to be the policy of the City of Beverly that, in the appropriate circumstances, the City of Beverly may enter into agreements with developers of affordable housing for the payment of outstanding property taxes, as authorized under the provisions of Massachusetts General Laws c. 58, s. 8C, as it may be amended from time to time. Section 2-334 AUTHORITY TO NEGOTIATE TAX AGREEMENTS; APPROVAL BY THE CITY COUNCIL The Mayor is authorized to negotiate agreements for the payment of outstanding property taxes by persons or entities seeking to develop affordable housing on the parcels for which such taxes are owed. Any such agreement shall be subject to approval by the City Council. Section 2-335 DELEGATION OF AUTHORITY The Mayor may delegate the authority granted hereunder to any one or more of the following: the Director of Municipal Finance of the City of Beverly or the Chief Assessor. Such delegation of authority shall be in writing, with notice to the City Council, and shall remain in effect until it is revoked in writing by the Mayor. Refer to Legal Affairs and Accounts #398 December 2, 2002 Beverly City Council City of Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Colleen Bruce, 13 Cliff Street, Beverly, MA to serve as a member of the Design Review Board Her term will be effective until December 1, 2005. Very truly yours, Thomas M. Crean, , Mayor Referred to Public Service and Aid #399 Dear Honorable Council: I hereby request that the Council take the following actions that are necessary for the tax rate setting process: 1.Reclassify the Transfer from Enterprise Fund from Beverly Golf and Tennis to miscellaneous Income from Beverly Golf and Tennis 2.Reduce the fiscal year 2003 School Dept. Budget by $197,500 and reduce the City FY 03 Revenue by $197,500 3.Revise the estimates of Cherry Sheet State Aid Receipts, Revise the appropriations for State Assessments and Revise general fund appropriations by a net total of $423,565.33. Additional information is provided in the attached memorandum. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property Communications from other City Officers and Boards #400 Mr. Paul Guanci, President Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Mr. Guanci, At our November monthly meeting the Beverly Golf and Tennis Commission and Johnson Golf Management unanimously recommended an increase in the permit fees for the 2003 season. The Commission and Johnson Golf considered the present economic downturn, the fees charged at similar clubs, the 2002 consumer price index and the size of our 450-person waiting list. All of these factors led us to recommend a five percent (5%) increase for all permit categories with the exception of junior golfers and those who are over 80 years of age. No increase was recommended for the latter two categories. The proposed rate increase will generate additional revenue of approximately $16,000 for the City, which is our 60% share of the entire increase of $27,193. Johnson Golf will receive a 40% share of the increase, in accordance with the terms of the Management Contract. A spreadsheet that details the proposed rate increase is attached. \ As you know, the City s purchasing agent and the Building Commission are now in the process of awarding a contract to begin long-overdue repairs to the clubhouse. The low bid was over $550,000. Fortunately, the revenue stream that the Golf and Tennis Club generates is sufficient to pay the debt service on a bond to finance the repairs. We also face pressing need to replace our maintenance building that contains toxic pesticides and fertilizers (See pages 6-7 of the attached USGA report.) We are also working to meet ADA handicap access requirements, as well as to upgrade the basic electrical, plumbing and heating systems in the clubhouse that cost many thousands of dollars in patches and emergency repairs each year. The funds generated by the golf and tennis operations will cover the cost of these projects that are necessary meet our contractual obligations to provide Johnson Golf Management with a facility meets regulatory requirements for public safety and access. In accordance with the Commission s charter, the fee schedules adopted shall be subject to the approval of the City Council. If you have any questions, or would like more details, I am available to attend a City Council meeting. We appreciate your support. Respectfully, Beverly Golf and Tennis Commission John Kenney, Chairman Refer to Finance and Property #401 November 21, 2002 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their Amusement Device Licenses for the year 2003. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Referred to Legal Affairs and Accounts #402 November 21, 2002 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their first, second and third class Motor Vehicle Dealers Licenses. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs and Accounts #403 November 21, 2002 Honorable City Council 191 Cabot Street Beverly, MA Dear City Councilors: Attached is a list of establishments renewing their Lodging House Licenses. City Council No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Referred to Legal Affairs and Accounts #404 TO: Beverly City Council FROM: City Assessors Office RE: Annual Determination of Classification Percentages for Real and Personal Property for Fiscal Year 2003 Date: December 2, 2003 The Board of Assessors for the City of Beverly has determined the total valuations for all properties for Fiscal Year 2003, the percentage of value which falls into each of the residential and commercial/industrial/personal property classes, and a single tax rate which, when applied evenly over all the classes, would produce revenue equal to the allowable tax levy. The purpose of this memo is to present that information to the City Council and to provide additional information on the impact of this and other options legally available to the Council to shift the tax burden partially off the residential class to the commercial/industrial/personal property classes (CIP). Small residential and commercial exemptions, although never granted in Beverly, are permissible within certain parameters under the law and are explained below. These exemptions, however, must first be recommended by the Mayor and then approved by the Council. Classification, on the other hand, is initiated by the City Council and is then approved by the Mayor. The mayor has chosen not to recommend either the residential or small commercial exemptions. They are, however, described below as required by law. The residential exemption, if adopted, would allow an exemption of up to 20% of the assessment to owner-occupied properties with assessments below the average for the entire residential class. In Beverly, the average assessed value of all properties within the residential class is $348,020.37. Thus, up to $69,604 of value could be exempted for all owner-occupied properties assessed at less than $348,020. This exemption would be borne entirely within the overall residential class and, since the total tax levy would not change, the overall residential tax rate would rise to cover the cost of the exemption. This option has been adopted in very few Massachusetts communities since, while purporting to aid the city s neediest citizens, it can have exactly the opposite impact. Rental housing, for example, would not qualify for this exemption. Since most rental units are in buildings assessed above the city average, their property taxes would rise and that increase would likely be passed through to the renters as an added expense. The mayor has chosen not to exercise this option so no vote is required. At its discretion, the City Council may, under prescribed circumstances, choose to classify, or shift a portion of the tax burden for the residential class upon the Commercial/Industrial/Personal Property (CIP) classes. In the recent A small commercial (but not industrial) exemption may also be established pursuant to Chapter 59, Section 5I. This law would allow an exemption of up to 10% for commercial properties valued at less than $1,000,000 and occupied by businesses with less than 10 employees total. The cost of this exemption would be borne entirely by the commercial, industrial and personal property classes. This option is also used sparingly throughout the Commonwealth because of its minimal impact and administrative complexities and the Mayor has chosen not to recommend it to the Council. An exemption of up to 25% may be adopted by a vote of the Council for all property that is classified as Open Space. Historically no open space exemption has ever been granted in Beverly and with virtually no property classified as Open Space, the issue is moot. past the maximum CIP shift allowable in Beverly has been 1.50. This year, the greater increase in the value of residential properties vs. commercial properties has brought about a CIP shift option to a maximum of 1.75. The City Council may, at its discretion, choose not to classify at all and use a single tax rate estimated this year at $12.78, for both commercial and residential properties or it may choose to shift to the CIP anywhere from 1.01 (1%) to 1.75 (75%). Attached is a schedule showing the minimum residential factor brought about by each shift option, the levy amounts and the resultant tax rates for each class. Also attached is a sheet showing the impact of the shift to 1.50 chosen by the Council in FY 2002 as well as the impact of four possible scenarios for FY 2003. The average residential value used in these scenarios is that of a single family home and for the average commercial value is that of the commercial and industrial sectors taken as a whole. The highlighted scenario for FY 2003 is the one in which the percentage increases for the residential and commercial/industrial sectors are the closest of any of the possible shift options. Refer to Finance and Property Communications, Applications and Petitions: #405 Comm from MassBay Transportation Authority re Capital Investment Program Receive and Place on File #406 Communication from PERAC relative to the City s Required Fiscal Year 2004 Appropriation Refer to Finance and Property #407 Communication from North Beverly Environmental Action Committee re Gurnard Mfg. Site. Refer to Public Service and Aid #408 Mr. Paul Guanci President, Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear President Guanci and Members of the City Council, At tonight s City Council meeting, the issue of whether or not to declare the considered surplus land at the airport for sale will be discussed. I respectfully request that you not make a final decision regarding this issue until a watershed management plan can be put into effect with specific protective measures for that area. The watershed management plan would be in addition to the existing Watershed Overlay Protection District. The watershed management plan would not deter development, instead it would provide definitive measures for the utmost protection of remaining land in the watershed to Wenham Lake. There is a severe need to better understand the problems threatening our drinking water supply and the protection thereof. Please note the existing contamination and density issues. Without ample, clean water to drink, there will not be economic sustainability for Beverly. The two are, obviously, interconnected. Therefore, I respectfully request that you take this opportunity to provide for the current and future protection of our water supply. I offer my skills and knowledge of these issues, and those of professionals, for a future presentation and/or discussion with the Council. Sincerely, Pamela Kampersal Refer to Finance and Property Late File #409 Communication from Goldberg Properties requesting Expansion of Right of Way at 197 Cabot Street Refer to Legal Affairs and Accounts Reports from Committees: #335 The Committee on Finance and Property to whom was referred the matter of Declare Airport Land as Surplus have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 9-0 Vote Referred Back to Committee on Finance and Property #352 The Committee on Finance and Property to whom was referred the matter of Communication from Dept of Revenue 41C exemption options have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #353 The Committee on Finance and Property to whom was referred the matter of Communication re Sr. Citizen Property Tax Work-Off Abatement have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted #404 The Committee on Finance and Property to who was referred the matter of allocation of FY 2003 tax levy percentages 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, December 16, 2002 at 7:30 PM in Council Chamber, 191 Cabot Street, Beverly, MA relative to the allocation of FY 2003 tax levy percentages among the four classes of real and personal property and consideration of adoption of open space, residential and small commercial exemptions. First Passage: Dec. 2, 2002 Public Hearing: Dec. 16, 2002 Final Passage: Dec. 16, 2002 9-0 Vote Order read once and adopted #399 The Committee on Finance and Property to whom was referred the matter of Transfers 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, December 16, 2002 at 7:20 PM in Council Chamber, 191 Cabot Street, Beverly, MA relative to the following budgetary transfers necessary for the setting of the FY 03 tax rate. First Passage: Dec. 2, 2002 Public Hearing: Dec. 16, 2002 Final Passage: Dec. 16, 2002 9-0 Vote Order read once and adopted #329 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re water problems at Beverly Commons 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 #387 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re handicap access to Tucks Point 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 #388 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment as Constable of Lawrence Carmen have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 9-0 Vote Order read once and adopted #396 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement, 156 Park Street 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 Beba and Koscani Families for property at 156 Park Street, as 9-0 Vote Order read once and adopted #393 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for livery License, Phil s Airport Service have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted #394 The Committee on Public Service and Aid to whom was referred the matter of City Enter negotiations with Archdioceses re Brimbal Avenue 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 enter negotiations with the Archdiocese of Boston to request donation of land on Brimbal Avenue located between Rte 128 and St. Mary s Cemetery for the purpose of building a fire station 9-0 Vote Order read once and adopted #395 The Committee on Public Service and Aid to whom was referred the matter of 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 Electrician consult with Mass Electric regarding improvements to the street lighting near/on crosswalks on Rantoul Street, Cabot Street and Elliott Street between Cabot and Rantoul Streets. 9-0 Vote Order read one and adopted Resolutions: #410 A Resolution-Michael Cahill Whereas: Michael Cahill was raised in Beverly, the third son of Jeanne and Bill Cahill, and graduate of Beverly High School in 1979 and Middlebury College In 1983. Michael s passion for sports led him to become a soccer, basket-ball and track coach with numerous youth teams in Beverly and with the Beverly High School Boys Soccer Team. Whereas: As a teacher Michael worked to help his students appreciate the importance of community involvement and leading by example was elected to the Massachusetts House of Representatives in 1992. Whereas: As Beverly s State Representative, Michael served as the Chairperson of the Joint Committee on Housing and the Joint Committee on Human Services and Elder Affairs. Michael has also been a member of the Long Term Task Force and has been an active member of the Special Artery Project Oversight Committee. Whereas: Michael has been dedicated to the City of Beverly and it s residents his entire life and having served five consecutive terms in the Massachusetts House of Representatives is ready to face new challenges. THEREFORE BE IT RESOLVED: That the Mayor and the Beverly City Council of the city of Beverly, Michael Cahill Massachusetts wish to express their sincere thanks to and that the City Clerk spread a copy of this Resolution upon the City Records. Unfinished Business: #381 Ordinance MV & T No Parking Judson St. #383 Ordinance MV & T No Parking Cross Street Motions and Orders: Meeting adjourned: 8:37 Frances A. Macdonald, CMC City Clerk 214