2004-06-217:00 PM Public Hearing #218 BHS Capital Project Dual Fuel Capacity
Refer to Finance and Property
7:05 PM Public Hearing #213 BHS Boiler Project
Refer to Finance and Property
7:10 PM Public Hearing #219 Beverly Airport-Gurnard Site Clean-Up
Refer to Finance and Property
7:15 PM Public Hearing #217 Beverly Farms Library Capital Project
Refer to Finance and Property
7:20 PM Public Hearing #215 FY04 General Fund Year End Transfers
Refer to Finance and Property
7:25 PM Public Hearing #212 Beverly Public School Appro from Free Cash
Refer to Finance and Property
7:30 PM Public Hearing #209 FY2005 Budget
Refer to Finance and Property
Regular Meeting of Beverly City Council 8:00 PM June 21, 2004Regular Meeting of Beverly City Council 8:00 PM June 21, 2004
Roll Call
Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy
:
Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul
Guanci.
Pledge of Allegiance to the Flag
: Led by Councilor Coughlin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of June 7, 2004
Communications from His Honor the Mayor
:
#228
June 21, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign the attached
Subordination of Mortgage Agreement for property owned by Mr. and Mrs. John Tanzella
at 29 Eastern Avenue, Beverly, MA 01915.
Also attached is a communication from Community Development Manager, William
O’Hare, concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs and Accounts
131
#229
June 21, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a transfer of Nine Thousand Three Hundred Sixty Dollars ($9,360.00) from
account “Handicap Parking Fines” to account “A.D.A. Coordinator – Salary.”
Said sum of money to be expended under the direction of the Mayor.
Attached is a communication from Norman Ganley, Co-Chair of the Beverly Commission
on Disabilities, concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from other City Officers and Boards
#230
June 21, 2004
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I have enclosed for your information the Call for the September 14, 2004 State Primary
Election.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Receive and Place on File
#231
June 21, 2004
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: Parking on Boyles Street
We have been asked to look into the parking on Boyles Street and we have checked the
ordinance book to see if there are any ordinances already in place. Neighbors are
complaining about vehicles parking on Boyles Street by Chapman’s Corner, the area of
Boyles & Hale Street.
Please take the necessary action to add Chapter 14, Section 120 as follows:
ADD: Sec. 14-120. Prohibited on certain streets at all times
Boyles Street, both sides, from Hale Street to Cross Lane.
Very truly yours,
132
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
#181A
July 23, 2004
The Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
RE: COUNCIL ORDER #138 - RECOMMENDTION FROM PLANNING BOARD REGARDING
REZONING OF 950 CUMMINGS CENTER DRIVE FROM "IG" TO "IR"
Dear Honorable Council Members:
At the Planning Board’s Special Meeting on June 3, 2004, which immediately followed
the Joint Public Hearing with the City Council on the above-referenced Zoning
Amendment, members discussed the above-referenced proposal, which would rezone
Lot 130 shown on Assessor’s Map #19 from the IG Zoning District to the IR Zoning District.
The Board requested that the Cummings Center submit a legal opinion to the City
Solicitor on the matter of whether rezoning the above-referenced parcel would make
the City vulnerable to legal challenges of spot zoning. The Board then voted to continue
discussion on the matter to its regular meeting on June 15, 2004.
At the Board’s June 15, 2004 meeting, members considered the attached legal opinion
from Susan F. Brand, General Counsel for the Cummings Center, and discussed it with
City Solicitor Roy Gelineau. Solicitor Gelineau found that the characterizations made by
the Cummings Center are fair and accurate. He also found that the proposed change in
zoning substantially concurs with the ,
Community VisionEconomic Development Goals
and sections of the newly adopted Master Plan (also
Increased Opportunities for Tourism
attached), and noted that rezoning the Cummings Center to allow a hotel use by
special permit would achieve an articulated goal of the City. He also added that if the
zone change is approved, and it is found to meet a general public purpose, the likeliness
of the City being susceptible to a successful challenge of spot zoning is minimal.
Following the discussion, members of the Planning Board concurred with the attached
legal opinion and references to the Master Plan. They also found that a hotel use at the
property would provide a substantial public benefit and that the infrastructure and City
services available in the locus are sufficient to support a hotel. The Board then voted
unanimously to recommend to the City Council that Council Order #13 BE ADOPTED.
Sincerely,
Richard Dinkin
Chairperson
Refer to Legal Affairs and Accounts
Communications, Applications and Petitions:
#232
Comm. from Michael J. Sullivan, U. S. Department of Justice re Patriot Act.
Refer to Legal Affairs
#233
Beverly Farms-Prides Crossing 4 of July Committee request to hang banner over West
th
Street to promote annual 4 of July Celebration
th
9-0 Vote
Recommend adoption of the order
133
#234
Comm. from Archdiocese of Boston re Church property
Receive and Place on File
#235
Request from resident at 34 County Way to have live tree removed in order to widen
driveway.
Refer to Legal Affairs and Accounts
Reports from Committees:
#34
The Committee on Finance and Property to whom was referred the matter of Police
Dept. Evaluation 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
#113
The Committee on Finance and Property to whom was referred the matter of Request for
consideration of Prop 2 ½ Override 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 Beverly School Committee for
a study of the feasibility of placing a Proposition 2 ½ override referendum on the ballot in
order to address the future budget problems facing the City of Beverly.
9-0 Vote Coughlin, Costa
Order read once and adopted
#192
The Committee on Finance and Property to whom was referred the matter of Capital
Expenditure Plan 2005-1009 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
#212
The Committee on Finance and Property to whom was referred the matter of Beverly
Public Schools Appropriation from Free Cash 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 a transfer in the amount of One Million Two
Hundred Sixty Four Thousand Four Hundred and Seventy ($1,264,470.00) Dollars from Free
Cash to the Beverly Public Schools
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
134
#213
The Committee on Finance and Property to whom was referred the matter of Beverly
High School Boiler 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 request of the Mayor for a transfer in the
amount of two hundred thirty thousand ($230,000) fro High School Renovation project to
High School Boiler Project
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
8-1 Vote Troubetaris voted against
Order read once and adopted
#215
The Committee on Finance and Property to whom was referred the matter of
interdepartmental transfers in the Fiscal Year 2004 General Fund 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 interdepartmental
transfers in the amount of Three Hundred Ninety One Thousand One Hundred and Eighty
Four Dollars ($391,184)relative to covering deficiencies in certain accounts.
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#216
The Committee on Finance and Property to whom was referred the matter of proposed
Resolution re BHS Probation have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying amended order and recommend its adoption
Whereas, as of April 2003, the New England Association of Schools and Colleges has
placed Beverly High School on accreditation probation for “failure to develop and fund
a facility plan to address the deteriorating condition of Beverly High School”.
Be it resolved that the Beverly City Council ( Beverly School Committee) is committed to
restoring full accreditation for Beverly High School by supporting limited repairs to the
facility in the short term and by supporting construction of a new academic wing as the
final goal according to the following plan:
City Council and School Committee agreement on short term repairs to the
facility by September 2004 with construction to commence by July 2005
City Council and School Committee complete the requirements for application
to the School Building assistance Program, including design development and
secured funding, for the new academic wing by July 2006 with construction to
commence by July 2007.
9-0 Vote
Order read once and adopted
#217
135
The Committee on Finance and Property to whom was referred the matter of Beverly
Farms Library Capital 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 request of the Mayor for an appropriation
for the Beverly Farms Library Renovation Project in the amount of $150,000. These
additional expenditures will be financed through outside sources and if necessary, a
small grant from the Community Development Office.
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#218
The Committee on Finance and Property to whom was referred the matter of Beverly
High School-Duel Fuel burning capabilities 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 transfer in the
amount of six hundred twenty seven thousand ($500,000) Dollars from account “North
Beverly Addition and Renovation Account” to “School Boiler Conversion Account”. Said
sum of money to be expended under the direction of the standing Building Commission.
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
9-0 Vote
Order read once and adopted
#219
The Committee on Finance and Property to whom was referred the matter of Clean-Up
Beverly Airport Gurnard Site 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 an appropriation in
the amount of Fifty Thousand Five Hundred Ninety Dollars ($50,590) to fund the
completion of work on the Gurnard site at the Airport from existing Urban Development
Action Grant funds.
First Passage: June 7, 2004
Public Hearing: June 21, 2004
Final Passage: June 21, 2004
8-1 Vote Troubetaris voting against
Order read once and adopted
#220
The Committee on Finance and Property to whom was referred the matter of Beverly
Retirement Board-Cost of Living increase 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
136
#229
The Committee on Finance and Property to whom was referred the matter of Transfer to
Account ADA Coordinator 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, July 12, 2004, at
7:00 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a transfer from
account Handicap Parking Fines to Account ADA Coordinator-Salary in the amount of
nine thousand three hundred Sixty Dollars
First Passage: June 21, 2004
Public Hearing: July 12, 2004
Final Passage: July 12, 2004
9-0 Vote
Order read once and adopted
#138
The Committee on Legal Affairs and Accounts to whom was referred the matter of
rezoning of 950 Cummings Center have considered said matter and beg leave to report
as follows, to wit:
This ordinance was voted out of committee with Burke and Troubetaris voting against
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and four
An ordinance amending an ordinance entitled Zoning
Be it ordained by the City Council of the City of Beverly as follows:
That the zoning maps designation of that lot of land known and numbered as 950
Cummings Center Drive, and designated as Parcel A-1 on the Approval Not Required
plan endorsed by the Beverly Planning Board on October 17, 2002 is changed from
General Industrial District IG to Restricted Industrial / Research / Office District (IR)
Flaherty hold second for construction
Exit on McKay Street a problem
Jerry McSweeny spoke
8-0 Vote Costa Against
Order read once and referred back to committee
#194
The Committee on Legal Affairs to whom was referred the matter of Appointment as
Constable-Philip Cleversey 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
#203
The Committee on Legal Affairs to whom was referred the matter of Application for Class
II Motor Vehicle Dealers License-Todd’s Auto, 29R West Street have considered said
matter and beg leave to report as follows, to wit:
Recommend the license be granted for THREE vehicles
9-0 Vote
Order read once and adopted
137
#222
The Committee on Legal Affairs to whom was referred the matter of Ordinance-Motor
Busses and Hackney Carriages 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 four
An Ordinance amending an ordinance entitled Motor Busses and Hackney Carriages
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 13 Article III, Section 81 of the Revised Ordinances of the City of Beverly,
1989, be, and the same is hereby amended as follows:
Sec. 13-81 Rates #1 $2.50
Delete:
Sec. 13-81 Rates # 1 $4.00
Add:
Ordinance to take effect upon passage according to City Charter
First Passage: June 21, 2004
Final Passage: July 12,, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#223
The Committee on Legal Affairs to whom was referred the matter of Waterways License
Application – Richard Gagne 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
#228
That the Committee on Legal Affairs to whom was referred the matter of Subordination
of Mortgage-Tanzella 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 of Mortgage for Mr. & Mrs. John Tanzella for property at 29 Eastern
Avenue, as per the attached communication from Community Development manager
William O’Hare.
9-0 Vote
Order read once and adopted
Unfinished Business:
#111 Ordinance-MV & T Two Hour Parking Jordan and Snell Road
#161 Ordinance-Zoning-Lot and Frontage
#182 Ordinance-Offenses and Misc. Provisions-relative to Certain Weapons
#196 Ordinance-MV & T relating to Parking Meter Fees
#198 Ordinance MV & T One Way Streets-Mechanic Street
#199 Ordinance MV & T Two Hour Parking Beverly High School Area Streets
Resolutions:
138
Motions and Orders:
#236
By Councilor Hobin
Ordered: That No Parking be allowed on Hale St. westerly from Corning St. to the to #146
Hale St. (Cove Garage) and be it further ordered that the Center Line on Hale Street be
moved so that there will be enough space to allow parking on the on Easterly Side
Refer to Legal Affairs and Accounts
#237
By Councilor Troubetaris:
Ordered: That a street light be installed in front of Lindsey Park.
Refer to Legal Affairs and Accounts
Meeting adjourned: 11:05 PM Frances A. Macdonald, CMC
City Clerk
139