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2003-11-036:40 PM Rosemary Maglio 6:50 PM Renee Mary 7:00 PM Kerry Healey-Lieutenant Governor Regular Meeting of Beverly City Council Nov. 3, 2003Regular Meeting of Beverly City Council Nov. 3, 2003 Roll Call : Councilors Present: 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 Troubetaris Appointments: Acceptance of Minutes of Previous Meeting: Meetings of October 20, 2003 Communications from His Honor the Mayor : #320 Nov. 3, 2003 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I enclose for your review and consideration a letter over the signature of John Archer, 271 Cabot St. Beverly for the Beverly Emergency Shelter Coalition which proposes to open the shelter at the McDonald’s property on Water Street from Dec. 1, 2003 through April 15, 2003. I support this request subject to the provision that the Coalition will be responsible for all operating costs of the shelter. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property #321 Nov. 3, 2003 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Joanne Flannery, 14 Goodyear Street, Beverly, MA to serve as a member of the Beverly Cultural Arts Council. Her term will be effective until April 30, 2006. Attached is a copy of her resume. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid 182 #322 Nov. 3, 2003 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Gail Pike Hercher, 6 Columbus Avenue Beverly, MA to serve as a member of the Beverly Cultural Arts Council. Her term will be effective until April 30, 2006. Attached is a copy of her resume. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #323 November 3, 2003 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: At this time of the fiscal year, you are required to hold a public hearing for the purpose of establishing the tax classifications for the City of Beverly. Therefore I recommend that the City Council hold a public hearing on Monday, November 17, 2003 relative to the allocation of FY tax levy percentages among the four classes of real and personal property and consideration of adoption of open space, residential and small commercial exemptions. At that public hearing the Board of Assessors, the Finance Director and I will present options to you for your consideration. Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property Communications from other City Officers and Boards #324 Honorable City Council c/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Request for Stop Signs 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; 1. Balsam Drive, Southwest bound drivers on Balsam Drive at Shannon Lane. ADD: 183 2. Fern Street, Southeast bound drivers on Fern Street at Holly Lane. 3. Holly Lane, Northeast bound drivers on Holly Lane at Fern Street. 4. Shannon Lane, Southeast bound drivers on Shannon Lane at Independence Circle. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs and Accounts #325 October 27, 2003 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: River Street, remove the DO NOT ENTER 7am-9am We have been working with Councilor Costa, Ward 2, to get the DO NOT ENTER 7:00 a.m. to 9:00 a.m. Monday through Friday on River Street at Pleasant Street removed. Please take the necessary action to delete Chapter 14, Section 94 (d) (3), DO NOT ENTER as follows: (d) (3) 7:00 a.m. to 9:00 a.m. River Street at Pleasant Street, Monday through DELETE: Friday. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs and Accounts #326 October 24, 2003 Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Honorable Council Members: Enclosed herewith for your review and consideration, please find a proposed revision to Beverly City Ordinance, Chapter 10, Article III. Demolition of Historically Significant Buildings, Section 10-41, 10-43, and 10-47 relative to Historic Buildings prepared by the Planning Department with review by the Beverly Historic District Commission. The primary intent of this proposed revision is to change the current 6-month delay to a 12-month delay. This delay would only apply to a relatively small number of exceptionally significant structures. This change to 12 months has been considered by the Planning Department and the Historic District Commission to be crucial in preserving historically significant structures that are important to Beverly’s history and culture as it would allow developers an extended time period to consider thought-provoking preservation options. 184 To provide the Council with information for its consideration, please find the attached documentation: 1. A Summary which offers a breakdown of the municipalities in the Commonwealth that have Demolition Delay Ordinances and the delay period (Attachment “A”); 2. Photographic documentation of the Beverly Historic District Commission’s actions related to the Demolition Delay Ordinance (Attachment “B”); 3. A Summary of the Proposed Amendment (Attachment “C”); 4. Language for the proposed amendment; the red text is the new language that is being proposed and the black strikeout will be deleted (Attachment “D”). The Planning Department and the Historic District Commission would be happy to review this proposed amendment of the Ordinance with the Council. If you have any questions or if you desire further information, please do not hesitate to contact me in the Planning Department. Respectfully submitted, Debra A. Hurlburt, Director Planning & Development Department Refer to Legal Affairs and Accounts #327 October 27, 2003 Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Council Members: As you are well aware, the City Council received a petition for bus service signed by 40 residents at Cedar Street Apartments. This petition was submitted also to the Mayor’s Office and the Planning Department on or about September 29, 2003. This letter is to inform you that the City has moved forward with the Cape Ann Transportation Authority and will be adding Cedar Street Apartments on the Beverly Shopper’s Shuttle regular route beginning November 3, 2003. I have attached for your information a copy of that schedule. If you have any questions or if you desire further information, please do not hesitate to contact me in the Planning Department. Respectfully, Debra A. Hurlburt, Director Planning & Development Department Receive and Place on File #328 November 3, 2003 Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Council Members: Attached please find proposed City Ordinance, Section 18-54, entitled “Drainage Alteration Permit”. This new ordinance is proposed as being a way to address lots that would not necessitate review by the Planning Board or the Conservation Commission. 185 As you are award, topographic changes to any lot can often affect abutter’s property by runoff. This runoff can sometimes exacerbate problems such as flooding, siltation and erosion. The City currently has regulations in place that address most of these problems through subdivision control, special permits, and/or the city and state’s wetlands protection regulations. This ordinance is intended to address the lots that do not trigger Planning Board or Conservation Commission review. In my tenure at Beverly City Hall, I have heard from some residents that have encountered such a scenario and were frustrated that there were no review procedures from city agencies in place. This ordinance is proposed to help address the problem. The proposed Drainage Alteration Permit would allow the City Engineer to review any proposed change in grade of two (2) feet or more and ensure that runoff is limited. I have asked and received input of this proposed ordinance from the City Solicitor, City Engineer, Building Commissioner and the Director of Public Services; and the attached document is the result of their input. If you have any questions or if you desire additional information, please do not hesitate to contact me in the Planning Department. Respectfully submitted, Debra A. Hurlburt, Director Planning & Development Department Refer to Legal Affairs and Accounts #329 November 3, 2003 City Clerk Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Madame Clerk: I am pleased to submit to you, for the consideration of the City Council, the Final Report or the Ordinance Review Committee. The Final Report is in the form of a proposed ordinance to be put before the City Council at the earliest possible opportunity. The persons whose names are listed on the cover sheet of the Report, as the members of the committee, have developed the material contained in this Report, over a two-year period. We began this task shortly after the council organized in early 2002, and we are pleased to have completed our work before the term of this city council expires. I am proud of the work which has been produced by the individual members who have been so dedicated to the task. Respectfully submitted Paul Guanci, Chair Referred to Legal Affairs and Accounts #330 November 3, 2003 Honorable City Council 191 Cabot Street Beverly, MA Dear Honorable City Council: It is the Conservations Commission’s understanding that the parcel Map 72, Lott 22 Parcel B is being offered as a donation to the City by Mr. Anthony Jack. It is also understood 186 that as part of the Planning Board ANR approval, a no-build stipulation has been placed over the property in perpetuity. With this in mind, this letter comes as a request for the Council to consider placing this parcel under the care and custody of the Conservation Commission as this 8-acre property in large measure is wetland mixed with forested upland. This area no doubt provides valuable wildlife habitat and would come as a welcome addition to the Conservation Commission’s open space inventory. Thank you for your time and attention in this matter. Sincerely, David Lang, Chairman Referred to Finance and Property Communications, Applications and Petitions: #331 Comm. from MassDevelopment Finance Agency re Northshore Education Consortium Refer to Receive and Place on File #332 Comm. from Tony and Ellen Jack re donation of land on Wood Lane Refer to Finance and Property #333 Comm. re Edwards School Refer to Receive and Place on File #334 Comm. from Duke Energy re Hubline Project Refer to Public Service and Aid #335 Application-Sale of Christmas Trees, Dick & Junes, 289 Elliott Street Refer to Legal Affairs and Accounts #336 Environmental Notification Form-Hilltop Estates Refer to Legal Affairs and Accounts Reports from Committees : #295 The Committee on Finance and Property to whom was referred the matter of Communication re early retirement-George White have considered said matter and beg leave to report as follows, to wit: 187 Receive and Place on File 9-0 Vote Order read once and adopted #298 The Committee on Finance and Property to whom was referred the matter of Transfer from Insurance Account have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying order and recommend its adoption Committee vote was 2-1 with Councilor Martin voting against Ordered: That the City Council of the City of Beverly approve the Mayor’s request for an Interdepartmental Transfers from the Insurance Account in the Clerk of Committee’s Budget to the accounts listed below: 11351/51134 Accounting –Principal Clerk $ 4,321.00 11451/51138 Collector- Senior Clerk 20,011.50 11351/51105 Finance Director 9,000.00 12451/51304 Electrical – PT Inspections Clerk 9,073.50 12451/51105 Electrical – Electrician Stipend 12,750.00 15411/51186 COA –Custodian 6,295.50 15411/51699 COA- Part Time Staff 20,919.00 15411/51199 COA- Full Time Staff 2,076.00 12951/51138 Harbor Master – Senior Clerk 15,000.00 Various Wellness program 5,182.00 TOTAL $104,628.50 First Passage: October 6, 2003 Public Hearing October 20, 2003 Final Passage: Order read once and referred back to Finance and Property #309 The Committee on Finance and Property to whom was referred the matter of Communication re North Shore Home Consortium (15 Broadway) 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 Mayor for a NFI Massachusetts, Inc. loan in the amount of $75,000 for the acquisition and renovation of the property located at 15 Broadway, which will provide for a 8-unit affordable group housing project. 8-1 Vote Costa voting against Order read once and adopted #312 The Committee on Finance and Property to whom was referred the matter of Transfer Street Opening Escrow Account 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 hearing on Monday, November 17, 2003 at 7:50 PM in Council Chambers, 191 Cabot Street, Beverly MA relative to a transfer of funds from Street Opening Escrow Account to the Public Works Maintenance Account in the amount of $8,000.00. First Passage: Oct. 20, 2003 Public Hearing: November 17, 2003 Final Passage: Nov. 17, 2003 9-0 Vote Order read once and adopted 188 #323 The Committee on Finance and Property 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 will hold a Public Hearing on Monday, November 17, 2003 at 7:30 PM in Council Chambers, third floor, City Hall, 191 Cabot Street, Beverly, MA relative to the setting of tax classifications relative to the allocation of FY 2004 tax levy percentages among the four classes of real and personal property and consideration of adoption of open space, residential and small commercial exemptions. 9-0 Vote Order read once and adopted #308 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment- Constable – Paul Minsky 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 #311 The Committee on Legal Affairs and Accounts to whom was referred the matter of Settlement Agreement and Release have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council authorize the Mayor to sign the attached settlement agreement and release relative to a claim by Linda Giallongo. 9-0 Vote Order read once and adopted #313 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re FY04 Municipal Recycling Grant 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 #315 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Amusement Device Licenses, Italian Community Center have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted 9-0 Vote Order read once and adopted #294 The Committee on Public Service and Aid to whom was referred the matter of Communication from Beautification re Removal of Live Trees have considered said matter and beg leave to report as follows, to wit: 189 Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Beautification Committee for the removal of live trees at 191 Cabot Street 9-0 Vote Order read once and adopted #306 The Committee on Public Service and Aid to whom was referred the matter of Communication re clean up of Lawrence Brook Project 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 Unfinished Business: Final Passage: #258 Ordinance MV & T No Parking Newbury Street Extension #301 Ordinance MV & T Stop Sign Goat Hill Lane and Cox Court #302 Ordinance MV & T One Way Street-Goat Hill Lane Resolutions: Motions and Orders: #337 By Councilors Morency and Flaherty Ordered: That the Health Agent and Purchasing Agent contact their colleagues in Salem, Peabody and Danvers to explore the possibility of setting up a Drug Purchasing Consortium for the Canadian Market, with the approval and support of the Mayor. Referred to Public Service and Aid #338 By Councilor Guanci: That the Mayor and the City Council meet in executive session to discuss the ongoing investigation of the missing Axcelis money, on Monday November 10, 2003 as the Committee of the Whole at 7:45 PM Referred to the Committee of the Whole Meeting adjourned: 9:05 PM Frances A. Macdonald, CMC City Clerk 190