2003-11-177:20 PM Renee Mary
7:30 PM Public Hearing Tax Classification
Referred to Finance and Property
7:50 PM Public Hearing Transfer-Street Opening Account
Referred to Finance and Property
Regular Meeting of Beverly City Council Nov. 17, 2003Regular Meeting of Beverly City Council Nov. 17, 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 Martin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meetings of November 3, 2003
Communications from His Honor the Mayor
:
#339
November 17, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
A request is hereby made for authorization to borrow the sum of Three Hundred Sixty
Thousand and no/100 Dollars ($360,000.00).
This loan represents an appropriation for the payment of charges incurred under
contracts for the expert appraisal of taxable property in the City of Beverly and
authorization to borrow under Chapter 44 of the General Laws.
The formal language for the Order is attached.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#340
November 17, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request an appropriation in the amount of $245,200.00 for the capital project to
be known as the "DPW Building Roofs" for repairs of the Department of Public Services
buildings inclusive of Water Department, Motor Pool and Main Garage, as specified in
the Capital Improvement five-year plan.
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Attached is a copy of a Memorandum from Raymond Bouchard, Chairman of the
Buildings Committee, dated November 13, 2003 explaining in detail the requested
amount of $245,200.00.
The "free cash" certified by the Department of Revenue on November 4, 2003 will fund
this capital improvement project.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#341
November 17, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I request an appropriation in the amount of $160,000.00 for the capital project to be
known as the "Lynch Park Barn Roof" to replace the roof of the Carriage House at Lynch
Park due to consistent leaking in the building.
Attached find a copy of a letter over the signature of Jon F. Lindberg, Vice President of
Gale Associates, Inc. dated April 4, 2002, which is self-explanatory.
This capital improvement projects will be funded by the "free cash" certified by the
Department of Revenue on November 4, 2003 in accordance with M.G.L C. 59 S. 23.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#342
November 17, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request an appropriation in the amount of Two Hundred Twenty-Five Thousand
and no/100 ($225,000.00) Dollars for "Shift Coverage Account "#12201/51323 of the
Beverly Fire Department from "free cash".
I enclose a copy of a letter over the signature of Richard F. Piece, Fire Chief, explaining
the urgency of this appropriation in order to maintain the present coverage of the Fire
Department.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#343
November 17, 2003
Beverly City Council
City Hall
192
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request an appropriation in the amount of One Hundred Fifty Thousand
($150,000.00) Dollars for the Library Book Account #16103/54219 and Twenty Thousand
Four Hundred and Sixty-Nine and no/100 ($20,469.00) Dollars to Account #161021/152432
to pay for the flood damage and stair repair at the Library from "free cash".
Attached is copy of an e-mail from Library Director Thomas Scully concerning the
urgency of these appropriations.
These funds will be expended under the direction of the Library Director.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#344
November 17, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request an appropriation in the amount of Eleven Thousand Seven Hundred and
no/100 ($11,700.00) Dollars to make repairs to the GAR Hall roof from "free cash."
Attached is a proposal from Frontier Construction Co., setting forth the work to be done
at the GAR Hall, Dane Street, Beverly, MA for this amount.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#345
November 17, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request an appropriation in the amount of Nineteen Thousand Three Hundred
Sixty-Six and no/100 ($19,366.00) Dollars for various repairs to City Hall including
emergency heater repairs, meter installation repairs to system, roof leak and other
general repairs.
These funds will come from "free cash" and will be expended under my direction as the
Chief Procurement Officer of the City.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
Communications from other City Officers and Boards
193
Communications, Applications and Petitions:
#346
Application – One Day Auctioneers License-United Rug Auctioneers
Referred to Legal Affairs and Accounts
#347
Application – Sale of Christmas Trees-Rose Hip Farm, 61 Conant Street
Referred to Legal Affairs and Accounts
#348
Application – Sale of Christmas Trees-Treeland, 484 Rantoul Street
Referred to Legal Affairs and Accounts
#349
Communication from Marshall Handly relative to the requirements of the City Charter,
Section 6-7: Supplementary Budgets, other appropriations
Receive and Place on File
#350
Communication from Philip LeBel relative to Comsast Cable
Receive and Place on File
Copy to Comcast
Reports from Committees
:
#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:
194
5-4 Vote Troubetaris, Costa, Guanci, Martin,
Order read once and back to committee
McGlynn voting in the affirmative
#312
The Committee on Finance and Property to whom was referred the matter of Transfer of
Funds-Street Opening Escrow to Public Works Maintenance have considered said matter
and beg leave to report as follows, to wit:
Ordered: That the City Council approve a transfer in the amount of Eight Thousand
($8,000) Dollars from Street Opening Escrow Account to Public Works Maintenance
Account as per the request of Engineering Department.
First Passage: Oct. 20, 2003
Public Hearing: Nov. 17, 2003
Final Passage: Nov. 17, 2003
9-0 Vote
Order read once and adopted
#318
The Committee on Finance and Property to whom was referred the matter of Beverly
Golf and Tennis request to increase fees 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 Beverly Golf and Tennis Club to
increase their fees for the 2004 Season as per the attached communication.
8-0 Vote Councilor Coughlin Abstained
Order read once and adopted
#320
The Committee on Finance and Property to whom was referred the matter of Use of
McDonald’s as a Winter 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 request of the Mayor’s Office to use the
McDonald’s property on Water Street from December 1, 2003 to April 15, 2004 as a
shelter. The Beverly Emergency Shelter Coalition will be responsible for all operating costs
of the shelter.
9-0 Vote
Order read once and adopted
#330
The Committee on Finance and Property to whom was referred the matter of
Communication from Conservation relative to donation of land by Anthony Jack 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 the amended request for a donation of land
described as Map 72, Lot 22 Parcel A (amended from B). The lot would be placed under
the care and custody of the Conservation Commission as this 8-acre property is large
measure is wetland mixed with forested upland.
9-0 Vote
Order read once and adopted
195
#332
The Committee on Finance and Property to whom was referred the matter of Comm.
relative to donation of land by Anthony Jack 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
#323
The Committee on Finance and Property to whom was referred the matter of setting of
tax allocation of FY2004 tax levy percentages have considered said matter and beg
leave to report as follows, to wit:
Ordered: That the City Council of the City of Beverly approve the following
1. That the City NOT accept Open Space Exemptions
2. That the City ACCEPT that the Minimum Residential Factor for calculation of the
FY 2004 Tax rate be set at .900605
First Passage: Nov. 3, 2003
Public Hearing: Nov. 17, 2003
Final Passage: Nov. 17, 2003
9-0 Vote
Order read once and adopted
#324
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying Ordinance and recommend its adoption
In the year two thousand and three
On Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Signs
Be it ordained by the City Council of the City of Beverly, as follows, to wit;
That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
1. Balsam Drive, Southwest bound drivers on Balsam Drive at Shannon Lane.
ADD:
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.
This ordinance to take effect upon passage according to City Charter
First Passage: November 17, 2003
Final Passage: December 1, 2003
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#328
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance, Section 18-54 entitled Drainage Alteration Permit have considered said
matter and beg leave to report as follows, to wit:
196
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and three
An Ordinance amending an ordinance entitled Drainage Alteration Permit
Be it ordained by the City Council of the City of Beverly as follows, to wit:
Chapter 18 of the Revised Ordinances of the City of Beverly is hereby amended by
adding the following Section 18-54:
Sec. 18-54. Drainage Alteration Permits
(1) It shall be unlawful for any person or other legal owner of real property in the city to
disturb the existing grade of land by more than two feet without first obtaining the
approval of the following:
a. The city engineer, and where applicable
b. The conservation commission if the property is subject to the Wetlands
Protection Act or the City’s Wetland Protection Ordinance and the Rules and
Regulations adopted pursuant to that Ordinance; and
c. The city planning board if the property is being altered pursuant to a
subdivision which is subject to the Subdivision Control Law.
.
(2) Conditions for issuance
A permit required by this article will be issued by the city engineer to the owner or the
owner’s duly authorized agent after the city engineer has reviewed a plan to be
submitted showing the nature of the grade change proposed, but only on such
conditions, which shall be determined by the city engineer, that will ensure that the
proposed grade changes will not adversely affect existing drainage and groundwater
conditions, which would affect the public health, safety and welfare of any public way
or adjoining real estate. The city engineer shall adopt rules and regulations to implement
this article subject to city council approval. Any denial of any application properly
made under this article may be appealed to the board of appeal.
(3) Fee
A permit fee of $50.00 shall be paid at the time that an application for a drainage permit
is filed with the city engineer. The city engineer shall act to grant, with or without
conditions, or deny a permit application within 14 days of its filing.
(4) Liability for damage to private property
Under this article, liability for damage to private property abutting the construction and
caused by the permittee, his agents or servants shall be borne solely by the permittee
performing the work.
(5) Penalty
Any permittee who violates or refuses to comply with any section of this article shall forfeit
any pay to the use of the city a sum of not less than $100.00 or more than $1,000.00 for
each violation. Each day or portion of a day that any violation is allowed to continue
shall constitute a separate violation of this article.
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#329
The Committee on Legal Affairs and Accounts to whom was referred the matter of Final
Report Ordinance Review Committee have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend its adoption
197
Ordered: That the City Council hold a Public Hearing on Monday, December 1, 2003 at
7:30 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to the
Final Report Ordinance Review Committee.
First Passage: Nov. 17, 2003
Final Passage Dec. 1, 2003
9-0 Vote
Order read once and adopted
#335
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Sale of Christmas Trees, Dick and Junes 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
#336
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Environmental Notification Form 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
#346
The Committee on Legal Affairs and Accounts to whom was referred the matter of One Day
Auctioneers License Application-United Rug Auctioneers 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
#347
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application to sell Christmas Trees Rose Hip Farm 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
#348
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application to sell Christmas Trees-Treeland, 484 Rantoul Street 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
198
#321
The Committee on Public Service and Aid to whom was referred the matter of Appointment-
Cultural Arts Council Joanne Flannery 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
#322
The Committee on Public Service and Aid to whom was referred the matter of Appointment-
Cultural Arts Council, Gail Pike Hercher 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
#334
The Committee on Public Service and Aid to whom was referred the matter of
Communication from Duke Energy re Hubline 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:
Resolutions:
Motions and Orders:
#351
By Councilor Morency:
Ordered: That a “Go Slow Children” sign be installed on Story Avenue at each in, one
facing east and the other west.
Recommend approval of the order
#352
By Councilor Costa:
Dear Honorable City Council:
May I bring your attention to the survivors of former employees and their health insurance
costs.
Currently survivors of former employees must pay 51% of their health insurance costs and
the City of Beverly pays 49%. This creates an unnecessary financial hardship for forty one
of the employee survivors who are now living alone and only receive a small pension.
In lieu of that fact, I suggest that the City of Beverly eliminate this disparity by offering
these survivors health insurance equal to 75%-25% which is what is being negotiated in
contracts today. The increase in premium to the City for these forty one has been
estimated, by the Beverly Contributory Retirement Board, to be a total of $4,217.67 per
year for all forty one survivors to be covered. You can understand how this proposal
199
would ease the double burden of not having a spouse and having to make the
choice between food, medicine and health insurance bills.
Referred to Public Service and Aid
#353
By Councilor Guanci:
Ordered: That the City install Pedestrian Safety Cones in heavily traveled cross walk
areas.
Referred to Legal Affairs and Accounts
Meeting adjourned: 9:15 PM Frances A. Macdonald, CMC
City Clerk
200