2009-05-04
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, August 17, 2009 2:40 PM
To: minutes@beverlyma.gov
Subject: May 4, 2009
Regular Meeting
Beverly City Council 7:00, PM May 4, 2009
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 Coughlin
Public Hearings and Public Speakers:
7:00PM
Laurie Johnson Presentation North Beverly "Rising Stars Playground"
7:15 PM
Public Hearing - Transfer Legal & Professional Bills, Beverly Commerce Park
Refer to Finance and Property
7:30 PM Presentation Beverly Youth Collaboration
7:45 PM Public Hearing - Airport Enterprise Fund Appropriation
Refer to Finance and Property
8:00 PM Mayor Scanlon
Acceptance of Minutes:
Meeting of April 21,2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#69
May 4, 2009
Honorable City Council
City Hall
Beverly, MA 01915
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8
Dear Honorable Council:
I wish to update you tonight on several issues. First as regards the State budget, the House of Representatives recently put forward a
budget which would shrink the loss in Local Aid for cities and towns including Beverly to amounts below those in the governor's budget. It
also requests that the Governor add $50 per student to his budget, a step which would add $211,000 to our Chapter 70 Aid for the school
system.
Complicating the issue is the steady decline in total revenue being forecasted for the State for next year. Various predictions are being
discussed, all of which lower projected State revenues markedly thus adding uncertainty to the House proposal. We do expect that the
Senate will act in the next few days and hopefully by your next meeting, we should have some fairly definitive budget information from
Boston.
On a related subject we currently expect at least half a dozen employees to take advantage of the city's offer to receive a financial
incentive to make the retirement decision by this Friday, May 8th. Retirement will be effective June 30.
We continue to have good news on the recycling front. April tonnage tipped at Saugus was down 100 tons from last year. Total tippage
through four months is down 654 tons from last year.
There is one other issue of significance which I wish to discuss with you. By separate letter I discuss the question of modest participation
by the City in the MBT A parking garage and related construction. Let me turn now to that letter.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
#70
May 4, 2009
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
As you know, the Commonwealth of Massachusetts and the City of Beverly have long shared a goal of building an MBT A commuter
parking garage with associated residential and commercial development near the Beverly Depot. Only last summer the Governor visited
Beverly to underscore his commitment to the garage.
I am very pleased to report to you that this project continues to advance, with the MBT A slated to acquire the site it has selected for the
garage within the next 45 days. The garage portion of the project will have a cost estimated at slightly more than $20,000,000, with the
State, the MBT A, and Federal governments picking up the vast majority of acquisition and construction costs. Firm commitments of these
funds have been made. The commercial and residential components of the project will add new growth to Beverly's tax rolls, and the
commuters and new employees and residents will bring additional business to our downtown shops and restaurants.
On the basis that the project will add new tax growth and revenue to the City's coffers, the City of Beverly has been asked by the State's
Department of Administration and Finance to make a $500,000 contribution to the project. I believe this request from the State is
reasonable.
The State of Massachusetts will be the major investor, contributing an 8-figure sum to the project. The Federal government will be
investing over $3 million, thanks to the efforts of Congressman John Tierney on our behalf. The MBTA will also contribute over $4 million.
Beverly's contribution of $500,000 would represent slightly over 20/0 of the estimated project cost and would not be made until the project is
actually under construction.
In order to provide the funding for this contribution, the City of Beverly plans to install approximately 150 parking meters at existing (but
currently un-metered) parking spaces along several streets near the Depot Train Station. Part of the revenue generated by these meters
would be used to pay the City's share of the project's cost.
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That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8
We would propose to borrow the $500,000 and payoff the debt service with a portion of the parking meter receipts generated by the new
meters. I respectfully request that you set a Public Hearing at your earliest convenience regarding the necessary appropriation.
Very truly yours,
William F. Scanlon, Mayor
Refer to Finance and Property
#71
May 4, 2009
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: TAX INCREMENT FINANCING AGREEMENT WITH CELL SIGNALING TECHNOLOGIES, INC.
Dear Honorable Council:
You will recall that the City of Beverly and the Town of Danvers entered into Tax Increment Financing (TIF) Agreements with Cell Signaling
Technologies, Inc. (CST) in 2006 when the firm acquired the former King's Grant Inn on Route 128.
As outlined in the enclosed letter and its attachments, the company is seeking approval of an amendment to the TIF Agreement that would
revise earlier projections regarding the number of jobs that would be created by the end of 2008.
The original TIF agreement projected that 120 permanent full-time new jobs would be created by December 31, 2008, but CST now reports
that 90 full-time positions were actually created by that date. Its projection to retain 171 full-time jobs was met and would therefore remain
unchanged. No other terms in the original Agreement would be amended.
I respectfully ask you to consider approving the request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#72
May 4, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Re: PROPOSED AMENDMENTS TO PARKING AND INCLUSIONARY ZONING
ORDINANCE
Dear Honorable Council:
I hereby respectfully submit the attached proposed zoning amendments for your consideration. I have attached a letter from City Planner
Tina Cassidy that explains the matter in more detail.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
8/24/2009
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Communications from Other City Officers and Boards:
Communications, Applications and Petitions:
#73
Comm. from Carmen Frattaroli and Assoc. relative to Beaver Pond Road/Conservation Restrictions
Refer to Legal Affairs
#74
Invitation from Michael J. Cadigan Jr. Post 46 to march in Memorial Day Parade, on Sunday, May 24, 2009.
Receive and Place on File
Regorts from Committees:
#33
The Committee on Finance and Property to whom was referred the matter of Letter to governor have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying amended order and recommend its adoption
Resolution
City Council
City of Beverly, Massachusetts
WHEREAS:
the City of Beverly and other cities and towns of the Commonwealth are increasingly burdened by the cost of health
care for their employees and their dependents and
WHEREAS:
the City of Beverly and other cities and towns of the Commonwealth would benefit greatly by
the ability to enter into the Group Insurance Commission health insurance program or an equivalent program with
equivalent rates and savings and
WHEREAS:
the City of Beverly and other cities and towns of the Commonwealth presently lack the unilateral ability to realize the
savings that entering into the Group Insurance Commission or an equivalent health insurance program would generate
and
WHEREAS:
the citizens and voters of the Commonwealth desire that the Commonwealth and cities and towns of Massachusetts
manage their financial affairs in a frugal and cost-conscious manner and avoid unnecessary costs and expenses.
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEVERLY, MASSACHUSETTS on behalf of all of its
citizens request that the Great and General Court enact and Governor sign legislation allowing the City of Beverly and all other cities and
towns of the Commonwealth to enroll their employees and their dependents in the Group Insurance Commission health care program or
an equivalent program with equivalent benefits and costs and that the City of Beverly and other cities and towns of the Commonwealth be
empowered to do so outside of the collective bargaining process and nonwithstanding any contrary provision of any collective bargaining
agreement in force.
Order read once and adopted 9-0 Vote
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8
#59
The Committee on Finance and Property to whom was referred the matter of Transfer to account City Solicitor 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 from General Fund Free Cash to the solicitors Litigation
account in the amount of two hundred thousand ($200,000) dollars to pay legal and professional bills incurred the Beverly Commerce
Park/Beverly Assessors A TB Cases.
First Passage:
Public Hearing:
Final Passage
April 21,2009
May 4, 2009
May 4, 2009
Order read once and adopted 9-0 Vote
#59A
The Committee on Finance and Property to whom was referred the matter of Appropriation Beverly Airport and Snow removal operating
costs 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 the amount of two million four hundred seven
thousand ($2,407,000) dollars to fund Beverly Airport enterprise Fund for various Airport improvements and snow removal operating costs.
First Passage:
Public Hearing:
Final Passage
April 21,2009
May 4, 2009
May 4, 2009
Order read once and adopted 9-0 Vote
#70
The Committee on Finance and Property to whom was referred the matter of Appropriation Debt Service 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, May 18, 2009 at 7:30PM in Council Chambers,
Third Floor, 191 Cabot Street, Beverly, MA relative to an appropriation of $500,000 as the City's contribution to the construction of a
commuter parking garage located at the Beverly Depot. Such appropriation will be funded through parking meter receipts and/or parking
violation receipts.
First Passage:
Public Hearing:
Final Passage:
April 21,2009
May 18, 2009
May 18, 2009
Order read once and adopted 9-0 Vote
#44
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8
The Committee on Legal Affairs to whom was referred the matter of Ordinance relative to Noise 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 nine
An Ordinance amending an ordinance entitled Offenses and Miscellaneous Provisions
Be it ordained by the City council of the City of Beverly as follows, to wit:
In the year two thousand and nine
An Ordinance Amending an ordinances entitled Offences and Miscellaneous Provisions, Article I in General
Amend Chapter 15 of the Revised City Ordinances by adding Sections 15-34, 15-35, 15-36, 15-37, 15-38 and 15-39 as follows:
Sec. 15-34. Vehicle Repairs. Testing. and Operation
No person shall operate, repair, or test any motor vehicle or motorcycle in such a manner as to cause a noise disturbance across a
residential real property boundary or upon a public way.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100 and for any subsequent offense to
a fine of $150.
Sec. 15-35. Definition-Sound-Producing Equipment.
For the purposes of Sec. 15-36 through 15-39 hereafter sound-producing equipment shall mean any musical instrument, radio, music
player, boom box, tape cassette, disc player, television, audio system or any other similar type of device for the creation or reproduction of
sound.
Sec. 15-36. Sound-Producing Equipment; General Prohibitions; Penalties for Violations
No person shall operate any sound-producing equipment upon any public or private property in the City in a manner or at a volume as to
disturb the quiet, comfort, or repose of other persons. This section shall apply to all establishments operating with an entertainment
license. This section shall not apply to organized events that have received a valid permit from the City for such event.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-37. Sound-Producing Equipment in Motor Vehicles or Upon Motorcycles
No person shall operate any sound-producing equipment in a motor vehicle or upon a motorcycle or similar vehicle at such volume as to
disturb the quiet, comfort, or repose of other persons, or at a volume that is plainly audible to persons other than the occupants of such
vehicle at a distance of at least twenty-five (25) feet from the vehicle.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-38.
Police Authority to Seize Sound-Producing Equipment Causing Excessive Noise
The Police shall have the authority to seize sound-producing equipment installed in motor vehicles or carried on the public ways, when
used in violation of this Ordinance. Authority shall extend to impoundment of the vehicle if such sound-producing equipment cannot be
easily detached.
When the determination is made to seize any sound-producing equipment, the Police shall obtain the identity of the owner or person
operating the sound-producing equipment and give that person a receipt listing and describing items seized. If sound-producing
equipment used in violation of this ordinance is to be seized but cannot easily be removed from the motor vehicle, Police shall have
8/24/2009
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authority to impound the vehicle with all its contents, major items of which shall be inventoried on a list kept by Police, a copy of which is to
be supplied to the owner.
If the motor vehicle seized is owned by a different person or business entity, Police shall send notice of seizure and a receipt identifying the
vehicle confiscated and its contents to the owner.
Sound-producing equipment seized and impounded hereunder shall be kept in custody until fines are paid or judicial process involving the
case has been completed.
For repeat offenses or a flagrant violation of this Ordinance, Police may seek permission in court for disposition or destruction of the seized
sound-producing equipment.
Sec. 15-39
Loud Parties/Music on Residential Premises
No person shall play any sound-producing equipment upon residential premises in a manner or at a volume as to disturb the quiet, comfort
or repose of neighboring residents or at a volume that is plainly audible to persons other than those who are in the room in which such
sound-producing equipment is played and who are voluntary listeners thereto.
The landlord or owner of the premises, if not among the offenders, shall receive notice of the offense.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, for a second offense to a fine of up
to $150, and for any subsequent offense to a mandatory fine of $200.
This ordinance to take effect upon passage.
Ordinance read once and referred back to Legal Affairs 9-0 Vote
#60
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of signage on portion of Rantoul 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 request of the Parking and Traffic Commission and Sgt Shairs for additional signage on a
portion of Rantoul Street.
Order read once and adopted 9-0 Vote
#64
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Second Hand Junk Dealers
License - Blockbusters have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 9-0 Vote
#73
8/24/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f8
The committee on Legal Affairs to whom was referred the matter of Beaver Pond Road conservation Restriction 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 Carmen Frattaroli for a Conservation Restriction on Beaver pond Road for property
owned by Gwenn Cohen.
Order read once and adopted 9-0 Vote
#32
The Committee on Public Services to whom was referred the matter of Request to use City Property for Farmers market have considered
said matter and beg leave to report as follows to wit;
Recommend permission be Granted
Order read once and adopted 9-0 Vote
Unfinished Business:
#46 Ordinance MV & T 15 minute parking Rantoul Street at Pond
Motions and Orders:
Meeting adjourned: 9:00 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009