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2005-09-05 Regular Meeting of Beverly City Council Sept. 6, 2005 at 7:00 PM Roll Call : Councilors Present: John 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 Flaherty Jerry and Lisa Parisella re donations to be sent to Otis for hurricane Katrina victims Elizabeth Macomber representing the American Red Cross relative to donations for Hurricane Katrina Patrick Lucci spoke re zoning issues and the McKay School re-use David Hess from Malcolm Piernie relative to DEP and capping of land fill 7:45 PM Continuation of OSRD Public Hearing 8:15 PM Public Hearing Recessed until 7:30 PM on Monday, September 19, 2005 Appointments: Acceptance of Minutes of Previous Meetings: Meeting of July 18, 2005 Communications from His Honor the Mayor: #196 Mayor’s Report, August, 2005 Receive and Place on File #197 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, the owners of the so-called Hill Estate had sued the City over the award for the eminent domain taking of their land off Cross Lane. The owners claimed that the May 2002 taking for $140,000 was grossly inadequate, particularly in light of previous negotiations with the City and others over the potential acquisition of the property. As Roy Gelineau told you in his periodic updates over the past year, we had every expectation that the City would be liable for an increased award and that the range of such award was approximately $800,000 to over $2.5 Million. We are, therefore, pleased that as a result of the work of Roy and outside counsel, the jury trial that concluded in June 119 2005 resulted in an award of $800,000 or the very bottom of the range. Roy also reports that at this time no further appeal of the award is available to the plaintiff. This award, less the amount paid in May 2002 plus accrued interest will approximate $720,000 in current dollars. It is important for the City to pay the judgment amount as quickly as possible so as to avoid additional accrued interest. Attached is a loan order as proposed by Bond Counsel to fund this judgment. Please take steps to hold a Public Hearing at your earliest convenience on the attached loan order which would provide the $720,000 needed to settle this matter. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #198 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to advise you that a review by Finance Director John Dunn indicates that there is sufficient money in the Drainage Projects Account to fund two important actions. 1.) A detailed engineering study of the North Beverly Brook. Now that we have essentially completed the three major storm drainage projects of Chase Street, Lawrence Brook and Chubbs Brook, this area is clearly the largest single outstanding flooding issue in the City. We have a detailed proposal for this study in the amount of $71,000. Theanalysis will be done in 100 days. Public comment on the proposal will be invited. 2.) Lining of the existing drainage pipe under Route 128 located near the landfill which drains toward Norwood Pond. This lining has been agreed to by Mass DEP to prevent infiltration into the sidewalls of the pipe to help lower the concentration of ammonia reaching the Norwood Pond side of the highway. An appropriation of $60,000 is required to line the pipe and perform testing on the Norwood Pond side of the highway. Please schedule a Public Hearing on these two important projects at your earliest convenience. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #199 September 6, 2005 Honorable City Council City Hall 120 Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the appointment of Mr. Peter Seamans as the Municipal Hearing Officer for the City of Beverly as per Section 7 of Chapter 148 Section 26G ½. Attached is a communication from City Solicitor Roy F. Gelineau outlining the necessity of appointing a Municipal Hearing Officer. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #200 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the attached list of Beverly Traffic Supervisors to serve as Special Police Officers in the City of Beverly. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #201 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Mary Bucci McCoy, 56 Butman Street, Beverly, MA 01915, to serve as a member of the Beverly Cultural Council. Her term will be effective until April 30, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Service and Aid 121 #202 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the appointment of Ms. Tina Cassidy, Beverly’s Planning Director, as Beverly’s representative to the Metropolitan Area Planning Council. Attached is a copy of my communication to Mr. Marc Draisen concerning her appointment. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #203 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Bruce Abbott, 13 County Way, Beverly, MA 01915, to serve as the Labor representative to the Beverly Housing Authority. His term will be effective until June 28, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #204 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Cabot W. Dodge, 44 Nichols Street, Swampscott, MA 01907, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Dodge’s application which has been approved by Police Chief, John Cassola. 122 His term will be effective until September 30, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #205 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Richard Kelley, 2 Goodwin Road, Beverly, MA 01915, to serve as a member of the Beverly License Board. His term will be effective until June 1, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #206 September 6, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit the attached Zoning Amendment proposals from City Planner Tina Cassidy for your consideration and sponsorship. These proposals relate to four different categories of changes including Special Permits for non- conforming projects, residential re-use of existing public buildings, common permitted uses and definitional changes. One of these changes relates directly to the re-use of the McKay School and our effort to maximize the public benefit from it. Your early attention to these proposals will be much appreciated. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Refer to Planning for setting of Public Hearing 123 Communications from other City Officers and Boards: #103A September 16, 2005 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #103 - RECOMMENDATION FROM PLANNING BOARD REGARDING REZONING OF PARCEL ON BRIMBAL AVENUE AND SOHIER ROAD (ASSESSORS MAP 55, PARCEL 29) - ROMAN CATHOLIC ARCHBISHOP OF BOSTON Dear Honorable Council: The Beverly Planning Board heard testimony on the above-referenced request at public hearings on May 2, 2005, June 20, 2005, July 5, 2005 and July 19, 2005. At the Planning Board’s regular meeting on July 19, 2005, the Board closed its public hearing. Following the close of the public hearing, members of the Board discussed the request to rezone the parcel from IR to CG. After some discussion, the Board voted (7-0) to recommend to the City Council that Council Order #103 BE REJECTED. The Board made the following findings of fact during the consideration of this petition: 1. The proposed rezoning from industrial to commercial use does not provide for uses that are necessary or desirable for the City at this location. The Board found that retail use in this location would draw investment away from other existing retail areas in the City. 2. The proposed rezoning would constitute spot zoning as there are no other CG-Zoned parcels adjacent to the subject parcel nor is the proposed use found to serve a demonstrated public benefit. 3. The proposed rezoning is not consistent with the Master Plan as it conflicts with the Master Plan goal of maintaining the City's existing industrially zoned lots. 4. The area of the proposed rezoning has existing traffic and safety hazards. The Board found that CG uses are overall more intensive than IR uses and such a change in zoning would increase the traffic and safety hazard in the area. In addition, the Board found the possibility for potential significant changes to traffic patterns in the area, resulting from the Brimbal Avenue Interchange Project and that rezoning the parcel for commercial use at this time is not in the best interest of the City. 5. The Board was concerned that changing the zoning from IR to CG may allow for undesirable uses on the parcel other than the specific type of retail that was proposed should this development not occur. In general, the Board found that a longer term, broader approach should be taken when rezoning in the City and that rezoning should follow the Master Plan goals and recommendations. Rezoning on a "parcel by parcel" basis is not generally desirable, and should be allowed only in those exceptional situations where the petitioner can demonstrate there is an identifiable and substantial public benefit that would result. In this matter, the Board found that the petitioner did not meet this burden. Sincerely, Richard Dinkin, Chairperson Refer to Legal Affairs #207 July 28, 2005 124 Honorable City Council] Beverly City Hall Beverly, MA 01915 Dear honorable Council: Enclosed for your information and use, please find a copy of the Beverly Reconnaissance Report that was recently completed by the Massachusetts Department of Conservation and Recreation (DCR) and the Essex National Heritage Commission (ENHC) as part of the Massachusetts Heritage Landscape Inventory Program. This past spring, a professional consulting team from CDR and ENHC came out to the City and met with residents, members of local nonprofits, and City and State officials to help them identify significant landscapes in Beverly. A list of priority landscapes resulted from this process and the consultants provided strategies for protecting these landscapes. The enclosed report summarizes these efforts. Sincerely, Leahy Zambernardi Assistant Planning Director Receive and Place on File #208 Aug. 18, 2005 City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Enclosed is a list of Election Workers for the September 20, 2005 Primary in Ward Two and for the City Municipal Election of November 8, 1005 Respectfully, Frances A. Macdonald, CMC City Clerk Receive and Place on File #66A Beverly Historic District Commission Study Report relative to removal of 59-63 Front Street from the Fish Flake Hill Local Historic District Refer to Committee of the Whole #105A Communication from Planning Board re Open Space Residential Design Site Plan Ordinance Refer to Legal Affairs 125 Communications, Applications and Petitions: #209 Petition of Verizon for 60 feet of underground conduit in Pleasant Street Refer to Public Services #210 Petition of Mass Electric for installation of 2 – 3” pvc conduits in Roundy Street Refer to Public Services #211 Comm from MassDevelopment Finance Agency re Project Adventure, Inc. Receive and Place on File #212 Comm. from North Shore Regional Vocational School District relative to incurred debt for the purpose of reconstructiona dn extraordinary repairs to the septic system Receive and Place on File #213 Communication from Town of Danvers re waiver of payment In-Lieu-of-Taxes relative to Beverly Airport Refer to Finance and Property #214 Claim-Storm Damage-Tina Carbino-400 Rantoul St. Receive and Place on File Refer to City Solicitor #215 Claim-Paul A. Vitale for Vitale Properties-Storm Damage at 398 & 400 Rantoul Street Receive and Place on File Refer to City Solicitor 126 #216 Comm. from Duke Energy relative to Federal Energy Regulatory Commission re Northeast Gateway Pipeline Lateral Receive and Place on File #217 Comm. re MassDevelopment Finance Agency Revenue Bonds (Project Adventure) Receive and Place on File #218 Request for Sewer Abatement-Albert J. Ricci Refer to Public Services #219 Application Auctioneers License-United Rug Auctioneers for December 17 and 18, 2005 Refer to Legal Affairs #220 Comm. from Judith Gillespie relative to ballot questions Refer to Committee of the Whole #221 Application-Second Hand Junk Dealers License Refer to Legal Affairs Reports from Committees: #198 The Committee on Finance and Property to whom was referred the matter of a loan order relative to the Hill Property have considered said matter and beg leave to report as follows, to wit: The City Council of the City of Beverly will hold a public hearing on Monday September 19, 2005, at 7:20 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly MA relative the enclosed loan order in the amount of $720,000.00 to settle eminent domain taking of Hill Estate property off Cross Lane. Ordered: that $720,000 is appropriated, in addition to the $140,000 previously appropriated from a state grant, for the acquisition by eminent domain of Parcel 0033-0006 on Cross Lane known as the Hill 127 Estate for open space purposes; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $720,000 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that any bonds or notes issued pursuant to this order shall be certified 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: Sep. 6, 2005 Public Hearing: Sep. 19, 2005 Final Passage: Sep. 19, 2005 Order read once and adopted 9-0 #198 The Committee on Finance and Property to whom was referred the matter of an appropriation in the amount of $71,000.00 for a detailed study of the North Beverly Brook and p project relative to the lining of the existing pipe under Route 128 in the Norwood Pond Area have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, September 19, 2005 at 7:10 PM, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to the following appropriations: #1 For a Detailed engineering of the North Beverly Brook in the amount of $71,000.00 #2 Lining of the existing drainage pipe under Route 128 near the landfill which drains toward Norwood Pond in the amount of $60,000.00 First Passage: Sep. 6, 2005 Public Hearing: Sep. 19, 2005 Final Passage: Sep. 19, 2005 Order read once and adopted #209 The Committee on Public Services to whom was referred the matter of a Petition of Verizon 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, September 19, 2005 at 7:02PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Verizon for placing approximately 60 feet of underground conduit on Pleasant Street. This service is to provide service for new condominiums. First Passage: September 6, 2005 Public Hearing: September 19, 2005 Final Passage: September 19, 2005 128 Order read once and adopted 9-0 Vote #210 The Committee on Public Services to whom was referred the matter of a petition of Massachusetts Electric 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, September 19, 2005 at 7:05 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for installation of 2 –3” pvc conduits encased in concrete along with miscellaneous underground equipment in Roundy Street. First Passage: September 6, 2005 Public Hearing: September 19, 2005 Final Passage: September 19, 2005 Order read once and adopted 9-0 Vote Resolutions: #222 Senior Citizens of the Year Clayton and Mabel Hubbard Receive and Place on File #223 Thank you resolution to Dr. Mary Rodrick Receive and Place on File Motions and Orders: #224 By Councilor Troubetaris: Ordered: That the Beverly City Council request a complete analysis of the impact that the increase in fuel costs will have on the city and school budgets and include how any deficits would be addressed. Referred to Mayor and Finance and Property 129 #225 By Councilor Troubetaris Ordered: That the Beverly City Council invite the Police Dept. the Fire Dept and the Civil Defense Unit in to address the City’s Preparedness for a catastrophic disaster Refer to Public Services Meeting Adjourned 9: 35 PM Attest: Frances A. Macdonald, CMC City Clerk 130