2003-02-03
7:15 Message re dogs
7:40 PM #39 Public Hearing Water/Sewer Rates
8:30 to 8:55 PM
Referred to Finance and Property
7:56 PM #46 Public Hearing Petition Mass Electric-Farms Area
Referred to Public Service and Aid
Regular Meeting of Beverly City Regular Meeting of Beverly City Council feb . 3, 2003 Council feb . 3, 2003
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 Troubetaris
Suspension of rules for State of the City Address by Mayor Crean
State of City 2/3/03
Good evening, and thank you to the City Council for the opportunity to speak tonight.
I am here tonight to talk about the State of our City in the full year since I took office. Since this was the first
change in administrations since the city’s new charter was passed, it revealed that some transition provisions in
that charter could be improved. That is something that can best be addressed by the Charter review
commission, and I will be happy to work with them to help smooth out future transitions.
There was a great deal that was in need of improvement when I took office. I have been able to make several
positive changes, while several others are still on the drawing board. I’ve learned that a year is not much time,
but a lot has been accomplished under trying circumstances nonetheless.
I would like to review the state of the city in a few major areas, starting with the one area that overshadows
and permeates all the others – finances.
Few of us foresaw the ferocity and the depth of the storm clouds of fiscal crisis that were just beginning to
gather in 2001, and that exploded with full force at both the state and city levels in 2002. The reversal from
good times to serious challenges was the fastest I can remember in my lifetime. I had barely had time to get
through the door and hang up my coat before the bad budget news for fiscal 2002 and 2003 started coming
in.
I spent the first few months in office patching holes in the 2002 budget, and plugging new leaks that seemed to
spring every day. That and the preparation of a Fiscal 2003 budget that was based on fiscal reality and
budgetary integrity, and represented our best estimates of revenues we could really expect and not wishful
thinking, dominated the first half of last year.
I just learned last week that we will have our local aid reduced by Governor Romney by another $653,000 for
the current fiscal year of 2003 (with only five months to go), and that there are more significant cuts looming for
Fiscal Year 2004. I don’t have to tell you that there is no area of city services, and no plan for the present and
future, that is not drastically impacted by the depth of these cuts.
We have found that grant money is disappearing at both the federal and state levels, and government is
retreating across the board from additional spending. In contrast to the local fiscal crisis of 1992-94, where the
state was able to help the city solve its problems, the state cuts and federal deficits are only worsening the
situation we face today.
Despite the difficulties, my campaign promise to go after grant money at every level as aggressively as possible
has paid off in a literal sense. The city collected a total of $4,365,570 in grants in calendar 2002, and another
$750,000 in low-interest loans to pursue public-works projects. This represents a substantial increase from prior
years.
I regret to say that our city was for any fiscal downturns. We had no stabilization fund, no
utterly unprepared
reserves, no excess levy capacity under Prop 2½, negative free cash, and capital accounts that were heavily
overspent. We will be dealing with the consequences of those shortsighted policies for many years to come.
But I can promise you that as long as I have anything to do with it, the city will never be caught so unprepared
for difficult times again. I will be creating a stabilization fund, erasing the negative free cash balances, and
halting capital project overspending.
The year 2002 began with a free cash deficit of negative $4.3 million. The aggressive and tireless efforts of
Finance Director Tom Durkin, accountant Carol Augulewicz, and many other staffers at City Hall and in other
departments have helped to erase the capital project deficits, totaling nearly $12 million, that were the cause
of that negative free cash number. Thanks to their efforts, we will submit in the next few weeks the city’s formal
request for positive free cash certification. We are optimistic that we will receive a positive cash certification for
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the first time in 13 years. That will be a major step in the city’s financial turnaround, even in the teeth of such a
fiscal storm.
However, we continue to fight to right the city from the heavy construction binge of the 1990s. Our long-term
bonded debt will have gone from $2 million in 1993 to as much as $83 million expected in fiscal 2004 – an
increase of over 40 times. The $10 million in annual debt service, which represents 25% of the non-school
budget, severely restricts our ability to maneuver. All the projects we have proposed in the past year, or are
currently proposing, represent only the completion of programs that were already underway, such as
Centerville School to complete the elementary schools program, and Chubbs Brook to complete the drainage
projects.
On the positive side, we have instituted a trust fund system to stabilize the city’s health insurance costs. This will
prevent the return trips to the city council every May or June for supplemental health insurance appropriations
that have become the custom in recent years, and will introduce stability and predictability into that very
major budget item.
The city remains one of a handful around the Commonwealth that pays 90% of the health insurance costs for its
employees. That also represents as much as 25% of the city’s non-school budget. While the percentage split is
a matter for negotiation between the city and its eleven unions, there is enormous pressure on the city to have
the burden of these costs shared more evenly with its employees. Without intruding on the negotiating process,
I think it is safe to say that the trend across the entire state is to move toward a more even distribution of this
cost. We will continue to work with our employees and their unions to reach an understanding on this issue.
The city continues to struggle with the overspending on capital projects that occurred in recent years. The
administration was recently forced to seek an additional $911,000 from the council to pay for work already
done on the three major drainage projects that were underway – Lawrence Brook, Chase Street, and Chubbs
Brook. The $9 million that was appropriated for those projects several years ago has already been entirely
spent, but the third project (Chubbs Brook) has not even been started yet.
The finance director is instituting a system of tight controls and procedures to prevent this kind of thing from
happening again. This administration feels a tremendous responsibility to be thrifty and careful with every
taxpayer dollar, not only during hard times but at all times.
While the city budget is under enormous strain, that does not mean our hands are tied and that we are
impeded from making progress. I have made it a priority to find ways to get things done without tapping
budget or taxpayer dollars wherever possible, and I think we have been very creative and inventive in doing
that. Let me list some of those ways:
-- the new management contract for the Beverly Golf and Tennis club was renegotiated after the settlement
with Johnson Golf Management to improve the city’s share of revenues. Those changes resulted in estimated
additional revenues to the city of as much as $2.75 million over the ten-year term of the contract. Two million
dollars of that money is expected to be plowed back into long-overdue repairs and renovations to the
clubhouse. The veranda and locker areas are being fully repaired, the building will be made compliant with
the Americans With Disabilities Act, and many other essential improvements will be made. This is the first
significant money that has been invested in repairs and renovations in a decade.
I would like to say here that I am hearing nothing but positive reports from the public and membership about
the quality of upkeep and management of the golf course by Johnson Golf Management. The course is in fine
shape, the clubhouse is coming back, and the public has greater access to tee times. I believe the change of
managers to Johnson, no matter how contentious the process may have been, will be a positive change for
Beverly in the long run;
-- while my administration came in late to the process, I was able to enter into negotiations with the Algonquin
Pipeline Company to obtain some funds to mitigate the possible impact of running their pipeline through our
harbor. The $200,000 we have received from them is dedicated to studying and monitoring the seabed,
mitigating the impact on the shellfish industry, and contributing to public access improvements at the
waterfront. We will be able to get started with waterfront improvements at the former McDonald’s site largely
thanks to those funds;
-- we were able to discover some Urban Development Action Grant money that was still available to the city,
and we have “borrowed from ourselves” about $160,000 to finally launch the clean-up of the former Gurnard
manufacturing facility up at the airport, after a five-year delay. That site is already leased to a private storage
company, and the money will be repaid to the UDAG fund from the taxes paid by that company and a portion
of the lease revenues received by the Airport Commission. This is the first step in the process of cleaning up the
environmentally troubled areas along Henderson Road, and putting them back into either economic or
recreational use for the benefit of our city;
-- we were able to resurrect federal grants totaling over $260,000 to allow us to complete the Phase II of the
Bass River/North Beverly sewerage and drainage projects. This will provide much-needed services to the
residents along upper Cabot Street and Trask Street near the airport;
-- we will proceed with the upgrading and renovation of the five municipal parking lots this year, according to
the plans compiled by the Beta Group. Those improvements will be paid for out of the parking revenues that
come from those lots, with no direct cost out of the budget;
-- I am pursuing a federal Army Corps of Engineers grant to carry out the long-needed dredging of Norwood
Pond;
-- the city has held to its original commitment regarding funding for the Beverly Farms Library renovation, and
the cost increases are being borne entirely through donations and state library revenues;
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-- there have been many other small grants, savings, and funding sources that I will not list here, but collectively
they add up to significant savings from the city’s spending. It has been my policy to first aggressively seek out
non-budgetary ways to pay for anything we can.
I am also pleased to report that the city’s two bond issues this year were both rated “A2 with a positive
outlook.” This means that the city’s bond rating has not declined despite our adversity, and is even poised to
rise if we continue our positive changes in management practices and procedures. Our latest bond issue was
at just 1.11% thanks to that positive outlook. Moody’s is pleased with what they call the recent trend of
“improving financial condition, new management, and continued growth.” This is a tribute to the hard work of
our finance department to get our house in order.
Moving on, the other major topic of discussion these days is the schools, and the high school in particular. I’d
like to speak briefly about where we stand as a city in our ability to support a quality education, in a quality
environment, for our children.
I have the utmost faith in the quality of the education that our children are receiving in the public schools in
Beverly. I commend the superintendent and the School Committee for their commitment to overcoming the
problems that existed years ago, and congratulate them for their success in doing so. I am proud to say that
my own three children attend the Beverly public schools at all three levels – elementary, middle, and high
school – and I am certain they are receiving a high-quality public education.
I am also pleased to say that with the bid we received last week on the Ryalside Fire Station, the city will fully
meet its commitment to school funding for Fiscal 2003. While I am not happy that we have had to resort to the
sale of city assets for operating expenses, drastic measures are often needed in difficult times.
The debate and difficulties that have been discussed lately concern only the physical structures of our schools –
and, of course, the high school in particular – and not the quality of the teaching and learning going on inside
them.
We are not the only community in this area facing the problem of high school construction. The town of
Swampscott recently passed a Prop 2½ override for a high school by a very narrow margin, and Danvers is in
the middle of a fierce debate about how to pay for their own new high school. But Beverly represents a special
case, because our financial condition and our excessive debt are colliding head-on with the high school’s
accreditation problems. That is giving much more urgency to solving this problem.
The $10 million to pay debt service on past construction projects is compromising our ability to maneuver.
When you realize that out of the $40 million of non-school spending in the city budget, $10 million goes to
health insurance and retirement, another $10 million to fund police and fire protection, and $10 million goes to
the debt service I mentioned above, the city is left with just that last $10 million to pay for everything else –
libraries, public works, plowing, trash, city departments, and so on.
I cannot in good conscience make any further cutbacks in those basic services to fund debt service for even
more construction. I am facing the prospect of having to make further cuts in those areas just to balance next
year’s budget, without any new debt.
There has been some talk of using new tax revenues from the Cummings Center to fund high school
construction. I think this needs to be addressed directly, and I hope you will pardon me for going into numbers
for a moment.
The Cummings Center will provide a little less than $1 million per year in tax revenues for the next few years, and
then about $2 million when it is taxed at the 100% rate when the TIF runs out. This is a significant amount of
money, and I am certainly glad they are here as a taxpayer and major contributor to our community.
But the debt service on a new high school alone would be a minimum of $3.5 million a year for 20 years. That
would be on top of the $10 million I have mentioned that we are paying already. So while the Cummings tax
revenue is certainly essential to the city, it is a fantasy to say that it can pay for a new high school. It is not even
enough to pay for the elementary construction and renovations we have already done.
I have to deal in real numbers, and one rule of real numbers is that the same money can only be spent once.
The Cummings tax revenues have made a huge and important contribution to our elementary school building
program, but they are not like the parable of the loaves and fishes, where the basket will always refill itself after
it is emptied. That money was earmarked long ago for elementary school construction.
That said, I have proposed a two-pronged strategy that I think best deals with the realities we face and will still
allow us to make progress. First, in collaboration with the School Committee and the Superintendent, I have
submitted two orders to the City Council. One is to appropriate the money for schematic design work for a
new high school, subject to the successful passage of a Prop 2½ debt exclusion by the voting public. If an
override does not pass, the School Department budget will incur the cost of the schematic.
The other order appropriates $60 million for the construction of a new high school, also subject to the approval
of a debt exclusion override by the voters. This puts the matter squarely in the hands of the taxpayers who will
be paying the bill, and will allow the proponents of the new high school to make their case to the public.
The second segment of my strategy is to take a closer look at the current building, and the possibility of
maintaining it in acceptable condition until we can afford a new one. I am disappointed that we have arrived
at this point without any reliable information on repair options, in order to make a decision based on facts.
While I would never claim that the current building is preferable to a new one, I strongly believe we can “buy
more time” while continuing to do right by both our students and our taxpayers. This ties in nicely with the
state’s new “Fix It First” initiative raised by Lieutenant Governor Healey in our meeting two weeks ago. The state
intends to improve the incentives for cities and towns to make do with the school buildings they have, and
avoid adding to the state’s school construction funding backlog of $10 billion.
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I have asked for accurate cost estimates to address the specific shortcomings listed in the report from the
NEASC, our accreditation agency. City Councilor Bill Coughlin has also filed an order requesting accurate cost
figures for bringing the current high school into compliance with accreditation standards.
I think we must be prepared to face both possibilities – that a debt exclusion override would or would not pass;
in the second case, we must be ready to repair the existing building as best we can. It may be all we have for
a while. . I do not think it is
It is imperative that we thoroughly investigate all options, and not just the ideal one
unreasonable to insist on a valid estimate of the costs to rectify the accreditation problems, before the city
commits itself to another large piece of new construction that could nearly double its already large debt
burden.
In other areas, the city has added an ADA coordinator to ensure the city’s compliance with the Americans
With Disabilities Act. While this is a prolonged process, I am glad to say we are making progress.
The city did its part to clean up the former Vitale dump site on Henderson Road, so that New England Power
can proceed with its clean-up of Wenham Lake.
The city added 37 acres of protected open space by acquiring the Hill Property adjoining Sally Milligan Park.
This was the largest addition to our open space in many years.
The Master Plan has been completed and adopted. I am now forming the Comprehensive Rezoning
Committee as the first stage in its implementation. While we have applied for a grant to pay the cost of this
rezoning, I am committed to seeing it through whether we get the grant or not. This Master Plan will not
become another dusty book on a shelf.
I am thrilled that after many years of trying, a new hotel is finally coming to Beverly. Extended Stay America will
be a nice addition to our industrial park on Cherry Hill Drive, and they will provide much-needed new tax
revenues and hotel rooms to our city.
The first study by the former State Fire Marshal will recommend the best placement of fire stations from the
standpoint of public safety. That study will give us a solid basis to proceed with the final planning and
construction of our public safety facilities.
I am also pleased to say that there are many non-monetary ways we have been able to make progress this
year. My office has completed the review of the Administrative Code as its part of the ordinance review
process, and I am eager to see that process completed and have the ordinances in place as soon as possible.
I want to commend Council President Paul Guanci for his commitment to seeing this process to completion,
and I am pleased to do my part to see it through.
Our new trash contract calls for the recycling of all plastics in categories 1 to 7, and not just 1 and 2. Besides
the environmental advantages, this will save us considerable money in the amount of trash tonnage sent to our
incinerator.
The city has created a downtown Arts District to emphasize its commitment to the arts here in Beverly. We are
blessed with many artistic and cultural institutions, and I am working closely with them to enhance our standing
as a cultural and artistic center on the North Shore.
In more general terms, I am tremendously concerned that the city is becoming increasingly unaffordable for
the average family. I am fighting and will continue to fight to get the city’s finances in order and to ease the
tax burdens on our citizens. No city can be considered viable if its citizens and their children are being driven
out by the high cost of living. Part of that cost of living is the cost of government as reflected in our taxes. While
no one runs for mayor just to say “no” and “can’t do that” all the time, I insist that every dollar of tax money be
used as efficiently as possible to provide essential services or true benefit to the citizens of Beverly, and that we
do not undertake anything we cannot truly afford.
Looking to the future, I have several priorities that I intend to focus on in the coming year. I think the city’s
waterfront has been an under-utilized resource for far too long. When I was chairman of the Waterfront
Advisory Committee as an alderman in the early and mid-1980s, I was able to obtain the grant that permitted
the subsequent construction of the city pier. I am sorry to say that that was the last significant progress on our
waterfront. It is ironic that I am now back in office, and in a position to pick up where we left off. The city will
issue an RFP for the demolition of the old McDonald’s building in the next few weeks, and we plan to replace it
with a children’s park for at least the time being. This represents a small bit of forward progress. We also
continue to fight for the public’s access to the waterfront walkways under the requirements of Chapter 91.
At the other end of town, progress is finally being made at the airport. The Gurnard clean-up of course
represents just a small part of what needs to be done, but the log-jam has been broken and we expect to put
that land into productive use. I remain committed to getting funding to clean up the larger contamination
problems at the former Casco/Nike site to protect our water supply forever. Wenham Lake also offers
recreational and scenic benefits.
These two assets of our city – the waterfront and the airport – are linked by Cabot Street, our major downtown
artery. I see Cabot Street as the backbone of our city, and I am committed to its continued improvement and
renovation. The parking lot program we will launch this year is the first step in rejuvenating our downtown, and
supporting our business community.
I can see in my mind’s eye a thriving and prosperous downtown, which includes an upgraded and vibrant
Rantoul Street, linking these two anchors of our city and its unique appeal – the waterfront and the airport.
They represent the entire spectrum from recreation and natural beauty to transportation and commerce. We
go in a continuous line from boating, lobstering, and the shellfish industry, up past thriving local banks and
downtown businesses, to flying, high-technology firms, and modern airport facilities. Few cities are blessed with
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such diversity and natural beauty. We must treasure and protect them. With your help and with your support, I
will continue to do just that.
These times call for us to engage in the “unglamorous” work of government – cut costs, trim programs,
postpone and reconsider major projects, and just maintain essential services and educational levels. But it is
not my job to pretend things are not what they seem or that troubles do not exist – it is my job to deal with
reality, to battle to hold onto past gains and to lay the groundwork for the future, to make certain every tax
dollar is being used as efficiently as possible.
Just as good times don’t last forever, bad times don’t last forever either. When the time comes, the pieces will
be in place for us to flourish and prosper again, and to continue building on the diversity and uniqueness of our
city. We are laying the groundwork now, and we will be ready.
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of January 20, 2003
Communications from His Honor the Mayor
:
#54
January 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following persons
to serve as members of the Cable TV Advisory Commission each for a term of three years
expiring on January 31, 2006:
Al Torsey
14 Lincoln Street
George Johnson
30 Washington Street
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
#55
February 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
The Beverly Veteran’s Council, with the endorsement of the Chairman of the Beverly War
Memorial Advisory Committee, has requested that your Honorable Council vote to
permit the relocation of the Civil War Monument at Monument Square to Veterans’ Park
at Rantoul Street & Broadway.
Presently, this office, along with the Veterans’ groups, is investigating the availability of
grants in order to fund this project and bring it to completion.
Your support of this effort at this time will be greatly appreciated by the Veterans’ groups.
Very truly yours,
Thomas M. Crean, Mayor
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Referred to Finance and Property
#56
February 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following persons
to serve as members of the Planning Board of the City of Beverly, each for a term of
three years expiring on December 31, 2005:
Robert Rink Ellen Flannery
20 Warren Street 30 Conant Street
Beverly, MA 01915 Beverly, MA 01915
I also hereby appoint, subject to your review and recommendation, the following person
to serve as a member of the Planning Board of the City of Beverly for a term of three
years expiring on December 31, 2005. I attach Mr. Hamm’s letter of June 19, 2002, along
with his resume, which documents are self-explanatory.
Daniel P. Hamm
8 Highland Avenue
Beverly, MA 01915
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
Communicationsfrom other City Officers and Boards
#57 342-02
Jan. 23, 2003
Honorable City Council
City Hall
Beverly, MA. 01915
RE: Council Order 342 of 02
Dear Honorable City Council:
I have forwarded the request from Mr. Anthony Petrucci to City Solicitor Gilmore
regarding the desire to donate two parcels to the City of Beverly for his legal opinion.
According to Solicitor Gilmore, Mr. Petrucci refuses to simply gift the parcels to the City
even though, as Trustee, he may have the legal power to do so. Rather, Mr. Petrucci
wants the City to take the property for tax title (taxes from these two parcels have not
been paid for numerous years) or by eminent domain. It was Solicitor Gilmore’s
suggestion that the City Council not take the property by eminent domain.
At a later time, the City may entertain taking these parcels for non-payment.
If you have any questions or if you desire additional information, please do not hesitate
to contact me at your convenience.
Respectfully,
Debra A. Hurlburt, Director
Planning and Development Dept.
Receive and Place on File
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#58
January 23, 2003
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: Request for NO PARKING TOW-ZONE, Highland Avenue
We have been asked by the Fire department, Chief Pierce, to look into the parking on
Highland Avenue by the Cabot Street end. Presently, parking is permitted on both sides
of Highland Ave. and it is impossible to get a fire truck up Highland Avenue because of
the snow banks and vehicles parked on both sides of Highland Ave. Even in good
weather, it is difficult turning from Cabot St. onto Highland Ave, because of the
narrowness of the street and with vehicles parked on both sides of Highland Avenue.
Please take the necessary action to add to Chapter 14, Section 137:
Highland Avenue, southerly side, from Cabot Street ninety feet (90) westerly.
ADD:
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Safety Officer
Refer to Legal Affairs and Accounts
#59
February 12, 2003
Ms. Frances A. Macdonald, City Clerk
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
RE: RECOMMENDTION FROM PLANNING BOARD ON JOINT PUBLIC HEARING/ ZONING
AMENDMENTS
Dear Ms. Macdonald:
At a meeting of the Beverly Planning Board held on Thursday, January 23, 2003, members
of the Board voted unanimously to recommend to the City Council that a joint Public
Hearing be held between the Planning Board and the Council to consider amendments
to the Zoning Ordinance, which include revisions to Section 29-2 “Definitions” and Section
29-25 “Signs.” The proposed amendments are included for your reference.
Sincerely,
Richard Dinkin
Chairperson
Referred to Legal Affairs and Accounts
#60
Jan. 31, 2003
Honorable City Council
191 Cabot Street
Beverly, MA 01915
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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 #203 at 38 Dunham Road, Wendy James is 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 response to this request. If you have any questions, on the process of
the waiver itself, pleas do not hesitate to contact me in the Planning Dept.
Respectfully Submitted
Debra Hurlburt, Director
Planning and Development Department
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions:
#61
Petition of Verizon for 30 Feet of conduit on Elliott St. in order to remove double poles on
Beckford and Dock Lane
Refer to Public Service and Aid
#62
Comm. Relative to the need to protect our potable water supply
Receive and Place on File
#63
Application Second Hand Junk Dealers License Videlicet Versatility Boutique, 284 Cabot
Street
Referred to Legal Affairs and Accounts
#64
Application, Class II MVDL-North Beverly Sunoco, 44 Enon St. Beverly, MA
Referred to Legal Affairs and Accounts
#65
Application, Class II MVDL-American Petroleum, 586 Cabot Street, Beverly, MA
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Refer to Legal Affairs and Accounts
Reports from Committees
:
#51
The Committee on Finance and Property to whom was referred the matter of Tour of
Beverly High School 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
#66 02-414
The Committee on Finance and Property to whom was referred the matter of Loan Order
for Chubbs Brook Drainage Project 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 enclosed Loan Order for financing and
construction of surface drains, sewers and systems and disposal facilities in the Chase,
Lawrence Street and Chubbs Brook areas.
: that $3,207,000 is appropriated, in addition to the $9,000,000 previously
Loan Order:
appropriated, for the purpose of financing the construction and reconstruction of
surface drains, sewers, sewerage systems and sewage treatment and disposal
facilities in the Chase Street, Lawrence Street Brook and Chubbs Brook areas,
including without limitation all costs thereof as defined in Section 1 of Chapter
29C of the General Laws; that to meet this appropriation the Treasurer, with the
approval of the Mayor and the Director of Municipal Finance and under the
direction of the Committee on Finance and Property, is authorized to borrow
$3,207,000.00 and issue bonds or notes therefor under G.L. c.44 and/or G.L.
c.29C and to file an application with the Emergency Finance Board to qualify the
bonds under Chapter 44A of General Laws; that the City Treasurer is further
authorized to file a certified copy of the loan order and provide such other
information and execute such other documents as the Board may require; that
such bonds or notes shall be general obligations of the City unless the Treasurer,
with the approval of the Mayor and the Director of Finance and under the
direction of the Committee on Finance and Property, determines that they should
be issued as limited obligations and may be secured by local system revenues as
defined in Section 1 of Chapter 29C; that the Treasurer, with the approval of the
Mayor and the Director of Finance and under the direction of the Committee on
Finance and Property, is authorized to borrow all or a portion of such amount
from the Massachusetts Water Pollution Abatement Trust established pursuant to
Chapter 29C and in connection therewith to enter into a loan agreement and/or a
security agreement with the Trust and otherwise to contract with the Trust and the
Department of Environmental Protection with respect to such loan and for any
federal or state aid available for the project or for the financing thereof; that the
Mayor is authorized to enter into a project regulatory agreement with the
Department of Environmental Protection, to expend all funds available for the
project and to take any other action necessary to carry out the project; and that all
bonds or notes issued hereunder shall be certified to in writing as to their
genuineness by a bank or trust company situated and doing business in
Massachusetts to be selected by the Committee on Finance and Property.
First Passage: Dec. 16, 2003
Public Hearing: Jan. 6, 2003
Final Passage: Feb. 3, 2003
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Vote Martin 8-1
Order read once and adopted
#67 02-356
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request for No Parking at Rt 62 and County Way Extension have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted
#68 02-412
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-Constable-Kenneth Arsenault have considered said matter and beg leave
to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted
#14
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Special Municipal Employees have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: RESOLVED: Any person performing services for or holding an office, position,
employment or membership in a municipal department, office, board or commission
which is listed below, shall be classified as a “Special Municipal Employee” under the
provisions of Chapter 268A of the General Laws, effective upon adoption of this
resolution.
Any person holding two or more offices or employments in the city, any one of which is
not classified hereunder, shall be a “Municipal Employee” under the provisions of said
statute.
Airport Commission
Auxiliary School Patrol
Beverly Civil Defense Department - a/k/a Civil Defense Advisory Council a/k/a Beverly
Emergency Management Agency
Beverly Golf and Tennis Commission
Beverly Harbor Management Authority
Beverly Historic District Commission
Beverly Partnership
Beverly Salem Water Board
Beverly Youth Collaboration Advisory
Board of Appeal - Zoning
Board of Assessors of Taxes
Board of Commissioner of Trust Funds - a/k/a Commissioner of Trust Funds
Board of Health
Board of Managers - Cemeteries - a/k/a Board of Managers of Public Cemeteries
Cable TV Advisory Commission - a/k/a Cable Television Advisory Commission
City Physician (School Department)
Commission on Disabilities
Conservation Commission
Contributory Retirement Board
Council for the Aging - a/k/a Council on Aging
Cultural Council
David S. Lynch Public Parks Fund Board of Trustees - a/k/a David Lynch Public
Parks Fund Trustees
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Dental Clinic - dentists
Design Review Board
Economic and Community Development Council
Election Officers (Assistant Registrars of Voters, Wardens, Clerks and Inspectors)
Emergency Medical Services Commission
Emergency Planning Committee
G.A.R. Hall Commission
Hazardous Waste Oversight Committee
Housing Authority
Industrial and Commercial Development
Inspector of Animals
Library Board of Trustees - a/k/a Trustees of the Public Library
Licensing Board
Master Plan Steering Committee
MBTA Advisory Board
Metropolitan Area Planning Council
Northeast Massachusetts Regional Library Systems Board
North Shore Recycling Committee
North Shore Regional Vocational School District
Open Space and Recreation Commission
Parking and Traffic Commission
Parks and Recreation Committee
Permanent Building Commission
Planning Board
Registrars of Voters
Reserve Police Officers
Sanitary Inspector
School Committee
Solid Waste Management Committee - a/k/a Solid Waste Advisory Committee
South Essex Sewerage District Board
Special Police Officers
Substitute teacher who does not earn compensation as a municipal employee for an
aggregate of more than 800 hours during the preceding 365 day cycle
Veterans Memorial Advisory Committee
Wenham Lake Advisory Committee
Youth Activities Commission
9-0 Vote
Order read once and adopted
#20
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application Class II MVDL Dodge Street Auto 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
#22
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re subordination agreement S. Kruczynski 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
#37
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment Constable-Frank Salvo have considered said matter and beg leave to
report as follows, to wit:
Recommend approval of the appointment
11
9-0 Vote
Order read once and adopted
#43
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Class II MVDL-Hillers Auto Sales 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
#44
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Class II MVDL H & D Auto 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
#45
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Class II MVDL-Beverly Foreign Car Service 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
#59
The Committee on Legal Affairs and Accounts to whom was referred the matter of
changes to Zoning Ordinance have considered said matter and beg leave to report as
follows, to Wit:
Submit the accompanying order and recommend its adoption
Ordered : Notice is hereby given in accordance with Massachusetts General Laws,
Chapter 40A, Section 5 that the Beverly City Council and the Beverly Planning Board will
hold a joint public hearing on March 3, 2003 at 7:15 PM at 191 Cabot Street, Third Floor,
Beverly, MA relative to proposed amendments to the City of Beverly Zoning Ordinance.
The amendments pertain to Section 29-2 “Definitions” and Section 29-25 “Signs.” Text of
the proposed amendments is on file in the Planning Department and is available for
public review.
9-0 Vote
Order read once and adopted
#69
The Committee on Legal Affairs and Accounts to whom was referred the matter of Tax
Agreement for affordable housing have considered said matter and beg leave to report
as follows, to with:
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and three
12
An Ordinance amending an ordinance entitled Administration, Board of Assessors of
Taxes
Be it ordained by the City Council of the City of Beverly as follows, to wit:
ADD:
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. Such agreements shall comply in all respects
with the requirements established in Massachusetts General Laws c. 58, s. 8C, as it may
be amended from time to time.
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 en effect until it is revoked in writing by the Mayor.
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#33
The Committee on Public Service and Aid to whom was referred the matter of
Appointment Beverly Harbor Management Authority 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 appointments of Timothy Birner and Greg
Ward to the Beverly Harbor Management Authority and be it further ordered that the
residency requirement for Greg Ward be waived.
9-0 Vote
Order read once and adopted
#34
The Committee on Public Service and Aid to whom was referred the matter of
appointment-Airport Commission Peter Simpson and Paul Lydon 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
#35
13
The Committee on Public Service and Aid to whom was referred the matter of
appointment to Beverly Golf and Tennis Commission Eileen Duff, Kevin Hobin and
Marianne Doane have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointments
9-0 Vote
Order read once and adopted
#40
The Committee on Public Service and Aid to whom was referred the matter of Pilot
Program, Beverly Animal Resource Coalition and Parks and Recreation Commission have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
In the year two thousand and three
An Ordinance amending an ordinance entitled Animals
Be it ordained by the City Council of the City of Beverly as follows, to wit:
In the year two thousand and three
An Ordinance amending an ordinance entitled Parks and Recreation, Sec. 16-3 (5)
Article I in General and Animals Section 4-26 (e)
Be it ordained by the City Council as follows, to wit:
DELETE: The vote of the City Council approving what is know as Sec. 16-3(5) and Sec 4-26
(e) of the revised ordinances is rescinded.
ADD NEW:
1. That Section 4-26 (e) of the Revised Ordinances is amended to read as
follows:
From Memorial Day to Labor Day, dogs in Lynch Park only
will be allowed
between the hours of 6:00 AM to 7:45 AM and dogs will in
not be allowed
all other parks from 8:00 AM to 7:30 PM The Parks and Recreation
Commission will oversee and review Section 4-26 (e)
2. Dogs must be on a leash in the parks and waste must be picked up and
disposed of in proper receptacles.
3. Areas off limits include Gardens, Playing Fields and Playground Equipment
areas
4. Effective for the 2004 Licensing (2005 Fiscal Year) period, the fee for dog
licenses shall increase by $5.00
5. This would apply to all parks for a one-year trial period. This program would
be evaluated in one year to see if adjustments are necessary. The
Committee expects this program to continue in perpetuity with adjustments
as necessary.
6. The consensus and expectations of this committee is that the City of Beverly
creates an off leash area for dogs as soon as possible The Committee
recommends that Lyons Park (Dane St.) as well as other areas be explored as
favorable sites immediately.
7. Increase the fines to a maximum level as will be approved by the
Commonwealth of Massachusetts Attorney Generals Office.
8. The creation of a BARC liaison to meet monthly with the Parks and Recreation
Commission.
9. This committee recommends all parts of this program in its entirety as stated.
If any section of this proposal is removed or deleted, the remaining sections
are still in full force and effect until the expiration of this program.
10. Signs shall be posted in all parks regarding the rules and responsibilities of dog
owners.
Order read once and held for final passage as per charter provisions
#46
14
The Committee on Public Service and Aid to whom was referred the matter of Petition of
Mass Electric have considered said matter and beg leave to report as follows, to wit:
Recommend the Petition be granted
Order read once and adopted
#61
The Committee on Public Service and Aid to whom was referred the matter of Petition of
Verizon for installation of a Conduit 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
Tuesday February 18 , 2003 at 7:58 PM in Council Chambers, 191 Cabot Street, Beverly,
MA relative to a petition of Verizon for 30 feet of conduit within public way on Elliott
Street in order to remove double poles on Beckford Street and Dock Lane.
Order read once and adopted
Unfinished Business:
#10 Ordinance Amendment-Airport Commission
#13 Ordinance MV & T 2 hour parking Hale Street from Everett to West
Motions and Orders:
#70
By Councilor Costa:
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 & School
Sts. across from River coming up River.
Refer to Public Service and Aid
#71
By Councilor Costa
Ordered: That a financial account be established so that all animal licensing fee's and
associated animal penalty fee's are directed into that account for distribution to animal
control expenses.
Referred to Finance and Property
#72
By Councilor McGlynn:
Ordered: That Order #173 of 1991 be rescinded and Section 4-26 (e) of the Revised
Ordinances “No dogs shall be allowed on any public beaches and/or parks between
the hours of 8:00 AM and 9:00 PM, from Memorial Day to Labor Day” be kept en effect.
Also, rights and responsibilities of dog owners be properly posted and publicized
Receive and Place on File
#73
By Councilor Murray:
15
Ordered: That the Beverly City Council direct its Financial Advisor, Kathy Griffin, to
conduct a review of Capital Project Activities for the period of 1999 to the present to
identify any and all expenditures in excess of authorization. Ms. Griffin will report her
findings and recommendations to the Finance and Property Committee on or before
May 5, 2003. Concurrently, the Finance and Property Committee will continue its own
investigation into the $9 million drainage project approved in 1999 for the Chase Street,
Chubbs Brook and Lawrence Brook areas.
9-0 Vote
Recommend adoption of the Order
Meeting adjourned: 10;25 PM Frances A. Macdonald, CMC
City Clerk
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