2003-06-02Regular Meeting of Beverly City Council June 2, 2003Regular Meeting of Beverly City Council June 2, 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 Flaherty
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of May 20, 2003
Communications from His Honor the Mayor
:
#198
June 2, 2003
Beverly City Council
City of Beverly
City Hall
Beverly, MA 01915
Dear Honorable Council:
Re:
Settlement Agreement-Claim of August and Maureen Faulstich
I hereby request that you authorize the Mayor to sign the attached settlement
agreement. The underlying matter is somewhat complicated, so I have attached some
background information.
I respectfully request that you act on this matter tonight.
The City Solicitor will be available to answer any questions that you may have during your
deliberations.
Very truly yours,
Thomas M. Crean
Refer to Legal Affairs and Accounts
#199
June 2, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review, Dorothy List, 22 Federal Street, Beverly, MA
01915 to serve as a member of the for a term of three years.
Beverly Housing Authority
Pursuant to M.G.L. Chapter 121, section 5, I have notified the tenant organizations listed
in the attached memorandum dated March 24, 2003. I received two responses, both
nominating Dorothy List.
Her term will expire on June 30, 2006.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
112
#200
June 2, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review, Mr. William Collins, 17 Madison Avenue, Beverly,
MA 01915 to serve as a member of the . Mr. Collins will
Parks and Recreation Commission
fill the term of Elizabeth Caputo who has resigned.
Mr. Collins term will expire on December 31, 2003.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
#201
June 2, 2003
Beverly City Council
City Hall
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 4 Agate Street owned by Mr. and Mrs.
Mark White.
Attached is a communication from William O’Hare, Community Development Manager,
concerning this request.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
#202
June 2, 2003
Beverly City Council
City Hall
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 3 Knowlton Street owned by Ms. Nancy
McElman.
Attached is a communication from William O’Hare, Community Development Manager,
concerning this request.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
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#203
June 2, 2003
Beverly City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request that the rate charged for water consumption be increased to two
dollars and ninety-seven cents ($2.97) for every hundred cubic feet, and that the rate
charged for sewer use be increased to three dollars and forty-eight cents ($3.48) for
every hundred cubic feet effective July 1, 2003.
The current rate charged for water is two dollars and ninety cents ($2.90) for every
hundred cubic feet, and the rate charged for sewer use is three dollars and thirty-one
cents ($3.31) for every hundred cubic feet. The current combined rate is six dollars and
twenty-one cents ($6.21).
The proposed increase would raise the combined rate by 3.86% to six dollars and forty-
five cents ($6.45).
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#204
June 2, 2003
Beverly City Council
City of Beverly
City Hall
Beverly, MA 01915
Honorable Council:
Attached please find my proposed budget for Fiscal Year 2004. This budget, with total
revenues of $79,997,086, represents an increase of $146,235 or 0.18% over last year’s
proposed budget.
The most dramatic changes in this year’s budget are the enormous cutbacks in state
local aid (down by 15%), and the reliance on a temporary trash collection fee as a
source of revenues to stave off large numbers of layoffs on the city side of the budget.
This trash fee is intended to be an interim measure, to be in place less than a year, to
prevent cutting into the muscle and bone of city services.
The alternative to this fee would be the immediate layoff of as many as 40 employees on
the city side of the budget in the new fiscal year, including police, fire, and other critical
personnel. That would be in addition to the 15 positions that have remained unfilled over
the past year owing to early retirement and other departures.
The trash fee will be replaced as quickly as possible with a “pay-as-you-throw” program
for the city’s trash collection. That program is currently being developed, and will require
approximately six months to complete and implement city-wide. The program as
designed will allow each household or other entity to dispose of one container of trash
each week at no charge. Stickers will be required for each additional container per
household per week.
The “pay-as-you-throw” program will have economic, environmental, and equitable
benefits. The economic advantages will come from the improved revenue flows that
correspond more directly to the services the city provides.
The environmental benefits are obvious – the program will serve as an incentive to
increase recycling and reduce the volume of trash being sent to the incinerator. This
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should prompt a substantial reduction in the city’s tipping fees, a very important step
given the impending major rise in the city’s incinerator charges in a year and a half.
The equity results from shifting the major burden of the costs of trash collection and
disposal to those households and businesses that actually generate the largest volumes
of waste. Households that are heavy generators of trash will bear a greater percentage
of the costs of disposing for it.
This budget represents a thoughtful attempt to preserve core city services as we move
through the worst financial crisis in decades. It is my belief that it is both balanced and
fair, and will enable the city to weather this crisis with the least possible disruption.
Very truly yours,
Mayor Thomas M. Crean
Referred to Finance and Property
#205
June 2, 2003
Beverly City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I enclose for your review an amendment to Chapter 9 of the Revised Ordinances of the
City of Beverly relative to a solid waste management initiative.
In effect, this ordinance will provide for the City to assess each entity that receives the
service, the sum of Eighty-Eight ($88.00) Dollars for the period from July 1, 2003 and
ending on January 1, 2004.
At that time, a sticker program will be in place which will allow each entity one
container, not exceeding 30 gallons or 30 pounds, free each collection week.
For those who exceed the one container, there will be a charge for each sticker in the
amount of $2.75 per 30-gallon container, not to exceed 30 pound in weight.
Very truly yours,
Thomas M. Crean, Mayor
Chapter 9 of the Revised Ordinances of the City of Beverly is hereby amended by
adding the following new Section 9-73.
Sec. 9-73 Economic, Environmental and Equitable Solid Waste Management Initiative
Effective July 1, 2003 and ending January 1, 2004, a fee for the collection of solid waste
will be assessed to each household or business that is eligible to receive municipal trash
collection service. The fee shall be eighty-eight dollars ($88.00) for the sixth month period
and shall be paid in two (2) equal installments by placement on the recipient’s water
and sewer bill.
Effective January 1, 2004 and ending June 30, 2006, each such eligible household or
business will be entitled to place for curbside collection one (1) container of solid waste
not to exceed thirty (30) gallons in volume or thirty (30) pounds in weight. For each
additional container up to thirty (30) gallons in volume or thirty (30) pounds in weight, the
household or business will be required to affix a sticker in a form to be provided by the
City of Beverly. The cost of each sticker will be $2.75.
Containers larger than thirty (30) gallons in volume or thirty (30) pounds in weight will not
be accepted for collection.
Referred to Legal Affairs and Accounts
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Communications from other City Officers and Boards
#206
June 2, 2003
Honorable City Council
191 Cabot Street
Beverly, Massachusetts 01915
Dear Honorable Council:
This is to inform you that the following list of citizens have been appointed to serve as
Elections Workers for the Municipal Elections which will be held on September 23, 2003
and November 4, 2003.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Receive and Place on File
#207
May 27, 2003
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Members of the Council:
As you are aware, the City of Beverly has two affordable housing development units
which were approved by the Board of Aldermen and Board of Appeals several years
ago. Dunham Castle Condominiums on Dunham Road and Dane Square
Condominiums on Dane Street were approved in the late 1980’s with the condition that
a certain number of units in each development be set aside for first time home buyers
from Beverly.
Whenever the owner of one of these affordable housing units wishes to sell his or her
condominium, the deed restriction for the units require the owner to notify the City. The
City then attempts to find a buyer who meets the specified eligibility requirements,
usually with success.
The guidelines and deed restrictions that to with each affordable housing unit also
require that the City be given the option of purchasing the unit. If the City decides not to
exercise that option, it must execute a “Waiver of Right of First Refusal.” This waiver only
applies to the transfer in question at the time. The deed restriction requires that such a
waiver be signed before each and every change in ownership.
The owner of Unit #207 at 38 Dunham Road, Dean and Patricia Shatford, are in the
process of selling her unit. Accordingly, I am forwarding the attached Waiver of Right of
First Refusal to the Council for its consideration, and hopefully its authorization for the
Mayor to execute the waiver on the City’s behalf.
Thank you for your consideration to this request. If you have any questions, on the
process of the waiver itself, pleas do not hesitate to contact me at extension 173.
Very truly yours,
Debra A. Hurlburt
Planning Director
Referred to Legal Affairs and Accounts
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#208
May 28, 2003
Honorable City Council
191 Cabot Street
Beverly, MA 01915
RE: Street acceptance for Birchwoods Subdivision
Dear Council Members:
At a meeting of the Beverly Planning Board on May 20, 2003, members voted
unanimously, on the recommendation of the City’s Engineering Department, to
recommend to the City Council that the ways and the wastewater pumping station
within the Birchwoods Subdivision be accepted. The As-Built Prints and Acceptance
Plans of the Birchwoods Subdivision and Cross Lane Sewer Extension have been
completed to the satisfaction of the Planning Board and City Engineer. Therefore, the
Board recommends that Birchwoods Drive and Spruce Run be accepted as City Streets.
Respectfully,
Richard Dinkin, Chairperson
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions:
#209
Communication re moving of Civil War Monument
Receive and Place on File
#210
Annual Beano Report-Glen Urquhart School
Receive and Place on File
#211
Communication from Jean and Michael Morrisey relative to home rule petition for “Safe
Placement for Newborns and Infants”
Refer to Legal Affairs and Accounts
#212
Comm. from D. Stacey relative to Repeal of the USA Patriot Act.
Refer to Legal Affairs and Accounts
Reports from Committees
:
#116
The Committee on Finance and Property to whom was referred the matter of order
relative to method of cash flow re Animal Control 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
117
#133
The Committee on finance and Property to whom was referred the matter of Communication
from George Whitney re Hannah Marina Floats 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
#152
The Committee on Finance and Property to whom was referred the matter of
Communication from former City Planner Tina Cassidy relative to redevelopment of City
Waterfront parcels 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
#203
The Committee on Finance and Property to whom was referred the matter of water/sewer
rate increase have considered said matter and beg leave to report as follows,
Submit the accompanying order and recommend its adoption
Ordered that the City Council hold a public hearing on Monday, June 16, 2003 at 6;45
pm 191 Cabot Street, Beverly relative to a water rate increase from $1.90 to $2.97 per one
hundred cubic feet and a sewer rate increase from $3.31 to $3.48 per one hundred cubic
feet, effective July1, 2003
First Passage: June 2, 2003
Public Hearing: June 16, 2003
Final Passage: June 16, 2003
9-0 Vote
Order read once and adopted
#204
The Committee on Finance and Property to whom was referred the matter of FY 04 Budget
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,
June 16, 2003 at 7:00 PM in Council Chambers 3 floor, 191 Cabot Street Beverly, MA relative
rd
to the FY2004 Budget
First Passage: June 2, 2003
Public Hearing: June 16, 2003
Final Passage: June 26, 2003
9-0 Vote
Order read once and adopted
#139
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-Constable Christopher Chigas 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
118
#155
The Committee on Legal Affairs and accounts to whom was referred the matter of
Application for Second Hand Junk Dealers License, GameStop 2447, 43 Dodge Street
have considered said matter and beg leave to report as follows, to wt:
Recommend the License be Granted
9-0 Vote
Order read once and adopted
#161
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motorized Scooter 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
An Ordinance Amending an Ordinance entitled Offenses and Miscellaneous Provisions
Be it ordained by the City Council as follows, to wit:
ADD Section 15-33
No person shall operate a motorized scooter, motorized skateboard, or other similar
motorized motor vehicle on any public way, sidewalk, playground, or on any property
owned by the City of Beverly. The following vehicles shall be exempt from the provisions
of this ordinance:
1. Vehicles licensed by the Commonwealth of Massachusetts
2. Vehicles used by handicapped persons
3. Landscaping equipment
Any person violating the provisions of this ordinance shall be subject for a first offense to a
fine of $25.00 and for any second or subsequent offense to a fine of $50.00
First Passage: June 2, 2003
Final Passage: June 16, 2003
9-0
Order read once & referred back to the Committee on Legal Affairs and Accounts
Vote
#193
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application Class II MVDL Rantoul Citgo, 112 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
#194
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application One Day Auctioneers License Kaminski Auctioneers 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 do an estimate for the procurement and installation of
a red blinking ground based traffic light on the corner of River and School Streets.
9-0 Vote
Order read once and adopted
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#198
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Settlement Agreement August and Maureen Faulstich 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 Mayor Crean to approve the
enclosed settlement agreement with August and Maureen Faulstich pending revision
from the City Solicitor.
9-0 Vote
Order read once and adopted
#201
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement Mark White, 4 Agate 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 Mark White for property at 4 Agate Street, as
per the attached communication from Community Development manager William
O’Hare.
9-0 Vote
Order read once and adopted
#202
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement Nancy McElman, 3 Knowlton 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 Nancy McElman for property at 3 Knowlton
Street, as per the attached communication from Community Development manager
William O’Hare.
9-0 Vote
Order read once and adopted
#205
The Committee on Legal Affairs and Accounts to whom was referred the matter of fee
for trash 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 Monday,
June 16, 2003 at 6:00 PM in Council Chamber, 191 Cabot Street, Beverly, Ma relative to
the proposed assessment for the solid waste management initiative.
9-0 Vote
Order read once and adopted
#207
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Waiver of Right of First refusal 38 Dunham Road have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
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Ordered: That the City Council approve the request of the Planning Department for a
“Waiver of Right of First Refusal” for Unit #207, 38 Dunham Road for Dean and Patricia
Shatford.
9-0 Vote
Order read once and adopted
#191
The Committee on Public Service and Aid to whom was referred the matter of
Appointment Youth Activities Commission Rich Mooney and Hal Geary 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
Resolutions:
#213
Eagle Scout: Christopher Bouton
Unfinished Business:
#170 Ordinance MV & T Stop Sign, Appleton at Harrison
#171 Ordinance MV & T One Hour Parking-Endicott Street
#173 Ordinance Dogs as amended strike word beaches 4-26-e and e#2
Motions and Orders:
#214
By Councilors Morency and Flaherty:
Ordered: That the Planning Board and the Zoning Board of Appeals require a
construction starting date for commercial projects approved. Further, that the developer
and/or property owner be restrained from using the property for dumping or storage of
equipment or material not inimicable to the approved project.
Referred to Legal Affairs and Accounts
Meeting adjourned: 8:45 PM Frances A. Macdonald, CMC
City Clerk
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