2008-11-17
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 11
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Tuesday, November 25, 2008 11 :32 AM
To: minutes@beverlyma.gov
Subject: 08.nov17.doc
Regular Meeting
Beverly City Council 7:00, PM November 17,2008
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Pledge of Allegiance to the Flag: Led by Councilor Burke
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of 11
Beverly, MA 01915
Dear Honorable Council:
As you know over the past dozen years we have made considerable improvements throughout the city to improve flooding problems which
have plagued our residents and businesses. By way of review, the first of these was Chase Street, improving the area shown on the slide.
That was followed by Lawrence Brook also shown. Most recently in 2007 we made major improvements to the Raymond Farms area also
shown on the slide.
We also made improvements to Chubbs Brook as shown here. During the powerful storm of 2006 known as the Mother's Day storm some
of these improvements at Chubbs Brook were over matched by the weather. As a result, we are planning further improvements which I will
discuss shortly.
For some time now we have been working on the so-called North Beverly Brook project. This project has been a difficult one to get
approved but we finally received DEP approval. The sac or Superceding Order of Conditions from DEP is very extensive. The North
Beverly Brook Project looked at first to have a cost of as much as $5,000,000. The good news is that the cost will be much lower. This
reduction is due to two facts. First, Cummings Properties owner, Mr. Cummings, declined in writing to have the city make improvements
which were offered. Second, difficult economic conditions have caused the bids we have received to be very competitive.
Recently we received bids on the North Beverly Brook Drainage Improvements Project. A total of 13 bids were submitted. The project
whose completion will alleviate flooding issues affecting 1,000 acres is essential to furthering our commitment to solve flooding problems,
wherever possible.
The low bidder on this project is Albanese Bros., Inc of Dracut, MA who has bid the sum of $2,274,768.40. Included in this project is work
on what we know as Kelleher's Pond in Ward 4. The Kelleher's Pond work will allow the pond to be lowered prior to expected storms. The
capacity thus freed up by the lowered water level will then be used for storm water detention and alleviate flooding along the existing
Lawrence Brook culvert between Kelleher's Pond and the intersection of Lothrop Street and Corning Avenue as well as along Brimbal
Avenue in the Palmer Road area.
We also wish to include in this appropriation the sum of $190,000 which will fund flooding improvements in Ward 6 Dix Park and Detention
Pond 4 in the Chubbs Brook system. Other improvements to Chubbs Brook are being pursued but require complicated permitting and are
not ready to be presented to you at this time.
Lastly, while major investment to reduce inflow and infiltration in the Cove area sewer system was made several years ago, recent studies
clearly indicate that the significant inflow/infiltration flows remain in this area.
As a result, unfortunate sanitary sewer backups into people's houses have occurred during heavy rainstorms further confirming the fact
that a problem exists. The $102,000 included in this appropriation will fund work to definitively locate this problem.
Please set a Public Hearing to review this appropriation of $3,507,000 at your first convenience.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#253
November 17,2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request your approval for two additional liquor licenses, one for the American Barbeque located at Cummings Center and one for
the Black Cow to be located at the former McDonald's site.
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 11
The American Barbeque license would be for "Beer and Wine" only while the Black Cow license would be for "All Alcoholic Beverages."
If you approve this request, our State Representative, Mary Grant, will then pursue approval of these licenses through the State Legislature
by filing a Home Rule Petition. The wording of the Home Rule Petition is attached. If these licenses are granted, they will be site specific,
i.e., they will not be transferable to any other address.
The Black Cow project is dependent on a full license. The service of the American Barbeque will be enhanced by the "Beer and Wine"
license. I recommend that you approve this request. Thank you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#254
November 17,2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As per the attached letter from Finance Director John Dunn, please approve the execution of a 48-month lease for a new high volume
copier for the second floor of City Hall.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#255
November 17,2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached is a letter from John Dunn, Director of Finance, requesting various financial transfers in preparation for the setting of property tax
rates and the filing of the tax recap with the Department of Revenue.
It will be necessary to set a Public Hearing to review and approve the transfers.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 11
Communications from Other City Officers and Boards:
#256
November 17,2008
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of all establishments renewing their Amusement Device Licenses for the year 2009.
City Council approval is needed to complete the process for licensing. No license will be issued
until we have all the necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs
#257
November 17,2008
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of establishments renewing their Lodging House Licenses.
City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary
paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs
#258
November 17,2008
Honorable City Council
191 Cabot Street
Beverly. MA 01915
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of 11
Dear City Councilors:
Attached is a list of all establishments renewing their first, second and third class Motor Vehicle Dealers Licenses.
City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary
paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs
#250 A
November 6, 2008
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: 675R Hale Street Properties, Proposed Conservation Restriction
Dear Honorable Council Members,
At the October 21, 2008 Conservation Commission meeting, Ms. Tracie Hines, Conservation Outreach Coordinator for the Essex County
Greenbelt Association, gave a presentation regarding the proposed Conservation Restriction for the properties located at 675R Hale
Street, Assessor's Map 37 Lots 3 & 4. At that meeting, the Commission voted unanimously to support this restriction and signed the
Municipal Certification as required by the Executive Office of Environmental Affairs.
The Commission wishes to take this opportunity to first thank the Loring, Seamans and Sprague families for their generosity and
willingness to preserve these beautiful pieces of property. The Commission also thanks Essex County Greenbelt for its commitment to and
partnership in protecting valuable open space in our City and County.
The Commission agrees that these properties, preserved in their natural state, provide significant conservation and ecological values
especially considering their coastal location. The properties contain various ecological niches and landforms that are unique to areas
where the land meets the sea. A portion of the properties is categorized as coastal barrier resource, which is a dynamic coastal landform
that serves many interests both ecological and anthropocentric by protecting upland areas from storm damage and flooding. Many
different types of wetland resources converge in this coastal area rendering it one of the most diverse habitats for wildlife in Beverly. Just
off shore from these properties exists one of the largest stretches of eelgrass habitat in Massachusetts, which plays a critical role in
maintaining water quality and providing important habitat for a diverse range of marine life.
The protection of this property will secure the integrity of the surrounding natural landscape and provide significant scenic vistas and
passive recreation enjoyment opportunities for this and future generations.
The Conservation Commission would like to offer its support for this Conservation Restriction and hopes that the City Council will look
favorably upon this carefully crafted stewardship plan offered by the Loring, Seamans and Sprague families.
If you have any questions or need further information please do not hesitate to contact me.
Thank you for your time and attention in this matter.
Sincerely,
David J. Lang, Chairman
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 11
Refer to Legal Affairs
#295
November 17,2008
Beverly City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
G. L. Chapter 82 Section 4 and 520 CMR 14.00 require effective January 1, 2009 that municipalities of the Commonwealth have appointed
a municipal authority for the issuance of trenching permits for trenches on both private and public lands. Although the statute and
regulation do not prescribe the manner in which such permit authority be determined and appointed, this proposed ordinance is one way
such appointment may be effected.
Additionally, by the passage of this ordinance the City will address other concerns raised by the trenching permit process, including, but
not limited to the use of police details, corrective action, fees and fines.
I urge the Council take immediate action on the proposed ordinance so that it will be in place on January 1, 2009.
Very truly yours,
Robert A. Munroe
Assistant City Solicitor
Refer to Legal Affairs
Communications, Applications and Petitions:
#260
Applications for one day Hawkers & Peddlers Licenses for Santa Parade
Refer to Legal Affairs
#261
Communication from PERAC re required FY 10 appropriation
Receive and Place on File
#262
Communication from Ernest Godshalk re conservation restrictions at 675 & 675R Hale St.
Refer to Legal Affairs
#263
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 11
Communication from Martha & John Updike re conservation restrictions at 675 & 675R Hale St.
Refer to Legal Affairs
#264
Communication from Salem Beverly Water Supply Board relative to determination of volume of water used by Salem and Beverly during
the prior three years to Sept. 30.
Receive and Place on File
#265
Application Auctioneers License Kaminski Auctioneers
Refer to Legal Affairs
Reports from Committees:
#236
The Committee on Finance and Property to whom was referred the matter of Appropriation to Account have considered said matter and
beg leave to report as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve an appropriation of funds from the free cash account to cover the Snow and Ice and State
Assessment issues in the amount of $670,169.99 That will leave a balance of $2,012,663 in the Free Cash account.
First Passage:
Public Hearing:
Final Passage:
Nov. 3, 2008
November 17,2008
November 17,2008
Order Read once and adopted 8-0 Vote
#250
The Committee on Finance and Property to whom was referred the matter of Conveyance of Property 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 conveyance of Property at 90 and 91 Boyles Street as per the request of Carol Dumas and
Susan Dumas, Trustees of Paradise Beverly Realty Trust.
Order Read once and adopted 8-0 Vote
#255
The Committee on Finance and Property to whom was referred the matter of transfers have considered said matter and beg leave to report
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 11
as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council will hold a public hearing on Monday, December 1, 2008 at 7:20 PM in council Chambers, Third Floor,
191 Cabot Street, Beverly, MA relative to the enclosed transfers from Reserve for Unforeseen, from Free Cash Account and for transfers
from Sewer Unreserved Fund balance to Water Fund Balance.
First Passage:
Public Hearing:
Final Passage:
Nov. 17,2008
Dec. 1,2008
Dec. 1,2008
Order Read once and adopted 8-0 Vote
#252
The Committee on Finance and Property to whom was referred the matter of Appropriation 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, December 1, 2008 at 7: 15 PM in council chambers, third floor 191
Cabot St., Beverly ma relative to and appropriation in the amount of $3,507,00 for the construction of the North Beverly Drainage System,
Chubs Brook and other various projects.
First Passage:
Public Hearing:
Final Passage:
Nov. 17,2008
Dec. 1,2008
Dec. 1,2008
Order Read once and adopted 8-0 Vote
#254
The Committee on Finance and Property to whom was referred the matter of lease agreement for lease of copier have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed lease agreement with Ricoh for a Ricoh 6000MP
copier
Order Read once and adopted 8-0 Vote
#170, 170A & 170A1
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of communication re Pork chop Lots have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 11
#225
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application Petroleum Storage, 449 Cabot
St. matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#241
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for Appointment Zoning Board of
Appeals Permanent Members, Jane Brusca and joel Margolis have considered said matter and beg leave to report as follows to Wit:
Recommend the Council approve the appointment
Order read once and adopted 8-0 Vote
#243
The Committee on Legal Affairs to whom was referred the matter of Change of Address-City Taxi have considered said matter and beg
leave to report as follows, to wit;
Receive and Place on File
Order read once and adopted 8-0 Vote
#244
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Permit to sell Christmas
Trees, Project Adventure have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 8-0 Vote 7 -1 recused Troubetaris
#245
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of request for Conservation Restriction at 675
and 675R Hale Street 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 Conservation Restriction as presented by Essex County Greenbelt Association.
Order Read once and Adopted 8-0 Vote
#246
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Permit to sell Christmas
Trees, St. Mary's Star of the Sea School have considered said matter and beg leave to report as follows, to wit:
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 11
Recommend the License be Granted
Order read once and adopted 8-0 Vote
#247
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Permit to sell Christmas
Trees, Richard Williams - Dick & Junes have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 8-0 Vote
#249
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for fortune Tellers License
Sophia Andrianopoulos have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 7 -1 Vote Coughlin against
#201
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition of National Grid for work on
Cabot Street have considered said matter and beg leave to report as follows, to wit:
Recommend the Petition be granted
Order read once and adopted 8-0 Vote
#234
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition of National Grid for work at 21
Riverview St. have considered said matter and beg leave to report as follows, to wit:
Recommend the petition be granted
Order read once and adopted 8-0 Vote
#237
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment as Constables, Peter
Davekos and Paul Minsky have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 8-0 Vote
#239
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment to David Lynch Public
Parks Fund Trustee of Myrna Wilczek, Robert Richardson, Rosalie Kerr, Joan Fairbank and Alice Burns have considered said matter and
12/10/2008
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 11
beg leave to report as follows, to wit:
Recommend the council approve the appointments
Order read once and adopted 8-0 Vote
#240
The Committee on Public Services / Committee of the Whole to whom was referred the matter of appointment David Lynch Public Parks
Fund Trustee Elizabeth Caputo have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the appointment
Order read once and adopted 8-0 Vote
Unfinished Business:
Motions and Orders:
#266
By Councilor Slate
Ordered: That a "Handicapped Parking" sign be installed in front of the residence at 10 Porter Street. The sign is requested due to a
medical condition of one of the home's occupants.
Referred to Legal affairs and Parking & Traffic Commission
#267
By Councilor Burke
An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic"
Be it ordained by the City Council of the City of Beverly that Section 14-121 of the Revised City Ordinances by amended and the same be
hereby as follows:
DELETE subsection (3) in its entirety
"(3) From December first to April first:
Heather Street , northeasterly side, from Herrick Street to #34 Heather Street."
Renumber subsection (4) as subsection (3)
This ordinance to take effect upon passage according to City Charter.
Referred to Legal Affairs and Parking & Traffic Commission
Meeting adjourned: 8:50 PM
Frances A. Macdonald, CMC
City Clerk
12/10/2008