2009-11-16
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: Wednesday, November 18,2009 10:14 AM
To: minutes@beverlyma.gov
Subject: meeting
Regular Meeting
Beverly City Council 7:00, PM November 16, 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 Cronin
Public Hearings and Public Speakers:
7:00 PM Presentation - Beverly Reads
7:15 PM Public Hearing Transfers Highway & Police Payroll Adjustment
Referred to Finance and Property
7:20 PM Public Hearing Allocation of FY 10 Tax Levy
Recessed until December 7:2009 at 7:30 PM
7:30 PM Representative Mary Grant
7:45 PM Mayor Scanlon
Acceptance of Minutes:
Meeting of November 2, 2009
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#181
November 16, 2009
Honorable City Council
11/18/2009
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City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Stuart G. Lamb, 1 Upland Road, Marblehead, MA 01945, to serve as a
Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Lamb's application which has been approved by Police Chief Mark Ray.
Mr. Lamb's term will be effective until October 31, 2012.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#182
November 16, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Please authorize me to sign off on the three attached mortgage discharges herein. This request represents a change in a long-standing
practice and has been recommended by Bob Munroe from the Solicitor's Office. Further explanation of the reasons for this change is
contained in the attached.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#183
November 16, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As further described in the attached letter to me from Planning Director Tina Cassidy, I request that your Honorable Council vote to grant
me the authority to execute the attached form on the City's behalf. My execution of this form will allow the sale of a unit at the former
Edwards School by one eligible purchaser to another eligible purchaser.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#184
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 11
November 16, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I write to you to request that your Honorable Council vote its support for the combined North Shore Vocational High School and
the Essex Agricultural School which will result in a new facility being built on the Essex Aggie site.
For the past dozen or more years, I have advocated along with others for a long-term solution to the North Shore Vocational
Technical High School facility issue. Currently, the school is located on Route 114 in Middleton and is grossly undersized. In fact over the
2004-2009 period, some 170 Beverly student applicants were denied admission to the Voke due to a lack of space in the school.
In recent years, spearheaded by efforts on the part of Fred Berry, our State Senator and Senate Majority Leader, and Wayne
Marquis, the long serving Town Manager of Danvers, a proposal for a combined Voke and Essex Aggie has emerged. This proposal would
create a new school with a modern and constantly updated curriculum to be built to accommodate some 1440 students from seventeen
communities on the Aggie site which is blessed with an extensive landmass.
Importantly, Senator Berry has been instrumental in securing funding from the State in the amount of $98.6 million of the total
expected net cost of $129.6 million leaving a balance of $31 million to be paid by the 17 cities and towns.
Based on a 50/0 borrowing rate which currently looks to be very conservative (i.e. we would expect to borrow at a lower rate) the
plan anticipates that Beverly's peak outlay to fund the debt service would occur in FY 2014 in the amount of $459,000. This amount would
be lowered by a reduced borrowing rate and offsetting savings from transportation (less busing), lower administration costs, lower
maintenance costs and lower energy costs. These could bring the total net increase to $250,000 or possibly less in the peak year of 2014.
While this cost is not insignificant, our superintendent Jim Hayes estimates that for everyone of the 170 Beverly students denied
admission over the past five years, there is another Beverly student who chose not to apply because rejection was so likely.
There can be no doubt given the difficult financial condition of the State that the offer on the table of $98.6 million of the total cost
is a once in a lifetime offer.
It is also true that the ongoing cost competitiveness of the North Shore region will be positively effected by an ample supply of
well-trained technically oriented individuals, which the new school will provide.
Most importantly, ours is the only region in the State without a modern, full-fledged vocational school, one offering
comprehensive agenda which will be continuously updated to meet the changing needs of the future.
It is my strong recommendation that Beverly vote its acceptance of the new school project.
The actual language on which the City Council needs to vote is shown on the attached. This language has been developed by
the Massachusetts School Building Authority which is the primary source of funding for this project.
Sincerely,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Motion/Vote/Order:
That the [City/Town] become a member of the Essex North Shore Agricultural and Technical School District (the "District") in accordance
with Chapter 463 of the Acts of 2004 (as amended); and that the proportioned share of the $133,770,000 estimated construction cost of
the Essex North Shore Agricultural and Technical high School, will be based on the (City/Town] projected percentage of enrollment for the
proposed Essex North Shore Agricultural and Technical High School, which school facility shall have an anticipated useful life as an
educational facility for the instruction of school children for at least 50 years, said construction funds to be expended under the direction of
the Essex North Shore Agricultural and Technical School District in accordance with Chapter 463 of the Acts of 2004 (as amended and
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 11
MGL Chapter 71; and that [City/Town] acknowledges that the Massachusetts School Building Authority's ("MSBA") grant program is a non-
entitlement, discretionary program based on need, as determined by the MSBA, and any project costs the District incurs in excess of any
grant approved by and received from the MSBA shall be the sole responsibility of the District; provided further that any grant that the
District may receive from the MSBA for the Project shall be based on a total project budget of $125,000,000 and shall not exceed the
lesser of (1) sixty-two percent (62.000/0) of eligible, approved project costs, as determined by the MSBA, or (2) the total maximum grant
amount as determined by the MSBA; and that the amount of borrowing authorized for the District shall be reduced by any grant amount
set forth in the Project Funding Agreement that may be executed between the District and the MSBA; and further provided that the MSBA's
grant is conditioned upon the election by cities and towns representing at least 75 percent of the October 1, 2004 foundation enrollment of
the North Shore Vocational Regional School District to become a member municipality of the District.
#185
November 16, 2009
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As per the attached communication from Finance Director John Dunn, please schedule a Public Hearing for December 7, 2009 to make
minor budgetary changes to various State Aid revenue and assessment accounts and also to appropriate funds from certified Fiscal 2010
Free Cash to cover the Fiscal 2009 Snow and Ice deficit.
Finance Director John Dunn's letter attached provides further information regarding revenue and assessment accounts from the State as
well as our Free Cash Certification expectations.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from Other City Officers and Boards:
#186
Nov. 9, 2009
Frances A. Macdonald, City Clerk
191 Cabot St.
Beverly, MA 01915
Dear Mrs. Macdonald:
I am pleased to announce the following newly hired firefighters, from our reserve list, effective Monday, November 9, 2009.
Chad w. McCormack
32 Taft Ave.
Beverly, MA 01915
Jason Terry
7 Summer Street
Beverly, MA 01915
Very truly yours,
Richard F. Pierce, Chief
Receive and Place on File
#187
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of 11
Request from Beverly Recreation Department to waive Alcohol in Public Building Ordinance for an occasion on December 10, 2009 at the
Beverly Senior Center
Recommend adoption of the order 9-0 Vote
#188
November 16, 2009
City Council
191 Cabot Street
Beverly, Ma 01915
Dear honorable Council:
Enclosed are two Calls for Election one for the Special State Primary of December 8, 2009 and the other for the Special State Election of
January 19, 2010.
Respectfully,
Frances A. Macdonald, CMC
For the Board of Registrars
Receive and Place on File
#189
Beverly City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I am requesting that you take the necessary action to declare our current Ladder One as surplus property so that I may transfer this piece
of apparatus to the Town of Hamilton as soon as possible.
As you know, we have recently taken delivery of a new piece of apparatus that will take the place of Ladder One. The manufacturer of this
vehicle offered us a trade-in allowance of $7500.00. Hamilton has offered to pay $10,000.00 for this truck. We no longer have a need for
this vehicle nor do we have the room to keep it.
There is added value for the City of Beverly to sell Ladder One to Hamilton since their ladder truck is usually the first out of town ladder to
respond to Beverly during mutual aid type incidents.
In the past we have sold fire apparatus to Hamilton. Their current ladder truck is our old Ladder Two from the North Beverly station.
Respectfully,
Richard F. Pierce, Fire Chief
Refer to Finance and Property
Communications, Applications and Petitions:
#190
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 11
Application Tri City Services, Inc. for 4 Taxi and 2 Livery Licenses
Refer to Legal Affairs
#191
Memorandum from PERAC relative to the required Fiscal Year 2011 Appropriation of $7,715,704.00
Receive and Place on File
#192
Request by January O'Neil to waive alcohol Ordinance at Beverly Public Library for an occasion on Wed. December 16, 2009
Recommend adoption of the order 9-0 Vote
#193
Petition National Grid for relocation of JO Pole #3179 on Dix Way
Refer to Public Services
#194
Application City Taxi of Beverly for 4 additional Taxi Licenses
Refer to Legal Affairs
#195
-
Request to place POD on city property at 15 Upland Road for 3 days from Dec. 11 to Dec. 14, 2009
Recommend adoption of the order 9-0 Vote
Reports from Committees:
#184
The Committee on Finance and Property to whom was referred the matter of participation in building have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered:
The City Council of the City of Beverly will hold a public hearing on December 7, 2009 at 7:45 Pm in Council Chambers, Third Floor, 191
Cabot Street, Beverly, MA relative to participation in the building of the North Shore Vocational School and Essex Aggie
Order read once and adopted 9-0 Vote
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 11
#185
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Changes in State Aid Receipts and
Assessments 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, December 7, 2009 at 7:20 PM in Council
Chambers, 191 Cabot St., Beverly, Ma relative to a transfer of $13,053 from North Shore Vocational School Assessment to cover FY201 0
Cherry Sheet differences in the amount of $2,235 and net adjustment of $13,053 and actual assessments
First Passage:
Public Hearing:
Final Passage:
Nov. 16,2009
Dec. 7, 2009
Dec. 7, 2009
Order read once and adopted 9-0 Vote
#143A
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of Parking & Traffic Recommendations have
considered said matter and beg leave to report as follows, to wit:
Recommend adoption of the request
Order read once and adopted 9-0 Vote
#167
The Committee on Legal Affairs/ Committee of the Whole to whom was referred the matter of Application Livery License NDARYD 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
#171
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for 2010 Motor Vehicle Dealers
Licenses have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
Order read once and adopted 9-0 Vote
#172
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Applications for 2010 Lodging House
Licenses have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
Order read once and adopted 9-0 Vote
#173
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 11
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of 2010 Amusement Device Licenses have
considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
Order read once and adopted 9-0 Vote
#174
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of evaluation of Mechanic Street for Two Way
Traffic. have considered said matter and beg leave to report as follows, to wit:
Receive and Place on file
Order read once and adopted 9-0 Vote
#177
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication relative to the Purchase of
City Taxi have considered said matter and beg leave to report as follows, to wit:
Recommend the licenses be approved
Order read once and adopted 9-0 Vote
#182
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Discharge of Mortgage 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 Discharge of Mortgage for property
owned by Jennifer m. Berry, 11 Prospect Street, in accordance with the recommendation of the Community Development Director
Order read once and adopted 9-0 Vote
#182A
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Discharge of Mortgage 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 Discharge of Mortgage for property owned
by Carol A. Caten, 366 Cabot Street, in accordance with the recommendation of the Community Development Director
Order read once and adopted 9-0 Vote
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 11
#1828
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Discharge of Mortgage 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 Discharge of Mortgage for property
owned by Wayne Contois at 32-34 Grant Street, in accordance with the recommendation of the Community Development Director
Order read once and adopted 9-0 Vote
#169
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment-Constable Ulrick
Lafontant, Jr. have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the appointment
Order read once and adopted 9-0 Vote
#175
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication from Planning re
acceptance of Thompson's Farm Way 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 accept Thompsons Farm Way as per the request of the Planning Board
Order read once and adopted 9-0 Vote
#178
The Committee on Public Services / Committee of the Whole to whom was referred the matter of request to invite National Grid in relative
to double poles have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
#180
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Ordinance Administrative Organization re
Commissioner of Public Service have considered said matter and beg leave to report as follows, to wit:
An Ordinance amending an ordinance entitled Administrative Organization
Ordered: That Section 3-318 Public Services be amended as follows:
ADD: The Commissioner of Public services, Public Works and Engineering, shall annually submit to the City Council by May 1 st of
each calendar year, a copy of the written paving management plan. It shall summarize the current general conditions of all roadways with
the City of Beverly. The plan shall categorize and identify all the required needs and conditions of all repairs.
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 11
Order read once and held by Councilor Hobin
#193
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition of national Grid 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, December 7, 2009 at 7: 15PM, in Council
Chambers, Third Floor, 191 Cabot Street, Beverly, Ma relative to a petition of National Grid for relocation of one JO pole #3179 on Dix
Way.
Order read once and adopted 9-0 Vote
Unfinished Business:
#161 Ordinance MV & T Isolated Stop Signs Groce and Standley
Motions and Orders:
#196
By Councilor Grimes:
Ordered: That the Code of Ordinances, City of Beverly, Massachusetts is hereby amended by adding the following language after the end
of the last sentence of Section 3-318, as most recently amended by Council Order 174A of 2008, the following:
The Commissioner of Public Services, Public Works and Engineering shall annually prior to May 1 st submit to the Clerk of the
City Council a written paving management plan. Such plan shall include, but need not be limited to, a summary of the current general
condition of each highway, street and bridge under the control of the City of Beverly. The plan shall categorize and identify a list of
required repairs, estimates of cost and funding sources, planned order of such repairs, and provision for emergency repairs. Each such
plan shall, as soon as may be practicable, be reviewed by the City Council, which may refer said plan to the Committee on Public Services.
Refer to Legal Affairs
#197
By Councilor Flaherty:
BE IT ORDERED:
That an ad-hoc committee consisting of representatives of the Planning Board, Zoning Board of Appeals, Planning Department, City
Council and the community be formed to research potential zoning amendments relative to congregate elderly/OPO 55 housing uses
within the City and to report back to the City Council no later than June 30, 2010 with recommendations regarding same.
Further, BE IT ORDERED:
That Ward 4 Councilor Kevin Hobin be designated as the City Council's representative and Mr. Tim Flaherty be appointed as the
community representative to the ad-hoc committee.
Refer to Legal Affairs
11/18/2009
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 11
Meeting adjourned: 8: 17 PM
Frances A. Macdonald, CMC
City Clerk
11/18/2009