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2006-06-05 Regular Meeting of Beverly City Council 7:00 PM June 5, 2006 Roll Call : Councilors Present: John Burke, William Coughlin, , Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Paul Guanci Councilor Timothy Flaherty arrived at 8:25 PM Councilor Troubetaris was absent Pledge of Allegiance to the Flag : Led by Councilor Martin Appointments: Public Hearings: 7:03 PM Public Hearing-National Grid Refer to Public Services 7:05 PM Joint Public Hearing with Planning re Zoning Change-Congress St. Recess until meeting of September 5, 2006 Presentation: 8:00 PM Toni Musante Acceptance of Minutes: Meetings of May 15 and Special Meeting of May 30, 2006 Communications from His Honor the Mayor : # June 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Ralph Turcotte, 68 Essex Street, Beverly, MA 01915 to serve as a member of the Historic District Commission. He will fill a vacancy on the Board and his term will be effective April 1, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to l # June 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Larry Jaquith, 40 Wallis Street, Beverly, MA 01915 to serve as a member of the Design Review Board. He will fill the unexpired term of Douglas Haring who has recently resigned and his term will be effective December 1, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer tol # June 5, 2006 57 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Christopher Chigas, 10 Lowell Street, Peabody, MA 01960 to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his letter requesting reappointment which has been approved by Police Chief John Cassola. Very truly yours, William F. Scanlon, Jr., Mayor Refer tol June 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As per the attached communication from Planning and Development Director Tina Cassidy, I hereby recommend that your Honorable Council waive the residency requirement for Eve Geller-Duffy. This request would allow Ms. Geller-Duffy to fulfill her responsibilities as an eligible voting Planning Board member on two pending matters currently being considered by the Planning Board. This waiver to be in effect until these two matters are resolved. Very truly yours, William F. Scanlon, Jr., Mayor Refer to approved # June 5, 2006 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 Lease Agreement between the City of Beverly and Omnipoint Communications, Inc. for the Fire Station Cell Tower at 2 Dodge Street. Because the agreement is for a five year-term, Council approval is needed. I further request that your Honorable Board take action on this matter this evening. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs # June 5, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I herewith submit for your consideration an application package for the State’s Economic Development Incentive Program on behalf of Cell Signaling Technologies (CST). CST acquired the former King’s Grant Inn on the Beverly/Danvers line in 2004. Since the acquisition, the company has invested approximately $36 million in transforming the former motel into a first class research and development center for this growing biotechnology firm. The company has added over 50 jobs to the workforce during the same time frame. 58 CST would like to establish this facility as its world wide corporate headquarters for the long term, and has requested approval of a 20-year tax increment financing agreement in exchange for its commitment to invest at least another $32.5 million in the facility ($25 million in equipment, fixtures, and furniture, and at least $7.5 million in taxable tenant improvements) over the next twenty years – specifically, during a second phase of CST’s expansion that would occur approximately five years from now. The company has also committed to hiring at least an additional 70 people by 2008 for relatively high-salaried positions. Beverly has been very cautious about creating TIF arrangements, encouraging the establishment of corporate worldwide headquarters and creating TIF agreements with nominal local tax implications. Consistent with that, the attached applications call for an average of 5% local tax relief over the life of the 20-year TIF in order to stimulate the investment and job creation noted above. If CST’s applications are approved, the City will realize an additional $1.7 million in additional tax revenue over and above what it would otherwise have received in local tax payments due to the planned and promised investment during the term of the agreement. This would represent a significant increase in new tax growth for the City, and one which can be created simply by encouraging additional investment in a site already developed for commercial and industrial uses. The Town of Danvers plans to join with the City of Beverly in the matter. As you may know the Cell Signaling facility is partially in each of the two communities. Recently Danvers Town Meeting unanimously approved this TIF proposal. You will note from the enclosed package that the City’s Economic and Community Development Council voted 6-1 in favor of this project. I would urge your consideration of the enclosed applications at your earliest opportunity. Specifically, I request the Council: ? Adopt the drafted “Resolution Authorizing the Creation of an Economic Opportunity Area”; ? Adopt the drafted “Resolution Authorizing the Designation of a Certified Project”; ? Adopt the attached Tax Increment Financing Plan and Zone; and ? Authorize execution of the drafted Tax Increment Financing Agreement with Cell Signaling Technologies. Respectfully, William F. Scanlon, Jr., Mayor Refer tof & Whole Late file # June 5, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It is generally true as we approach the end of any fiscal year that some transfers of funds are necessary to balance various over and under expenditures. Fiscal year 2006 which ends June 30 is no exception. As noted in Finance Director John Dunn’s attached memo, the Board of Assessors released earlier this year Overlay Reserves in the amount of $1,075,000 as being excess to our needs for abatements. The first action I request of the Council is the appropriation of $250,000 from the Overlay Surplus account to the Reserve for Unforeseen. The balance of $825,000 will then close out to the fund balance account and offset a substantial portion of the $1,450,000 of free cash (City Savings) earmarked to balance the FY 2006 Budget. The $250,000 to be transferred to the Reserve for Unforeseen will be used to balance various accounts. $200,000 of the $250,000 is attributable solely to litigation resolution. John Dunn will specifically review with you the various affected accounts. Please set a Public Hearing regarding this proposed appropriation at your first convenience. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from other City Officers and Boards # 59 May 26, 2006 Honorable City Council 191 Cabot St. Beverly, MA Dear Councilors: RE: #31 You may recall that the Planning Board forwarded a recommendation to you on some of the proposed amendments contained in Council Order #31 in April. The recommendation focused on Par (2) of Council Order #31, which involves increasing the height allowed for certain uses in the “CC” Zoning District by special permit from the Planning Board. The April recommendation letter was silent on Part (1) of Council Order #31 which proposes to add a new subsection 29-17.D.5 specifying building and dimensional requirements for “commercial uses, residential uses, and combined commercial/residential uses on lots with side and/or rear yards which do not abut a commercial or residential zoning district”. At a meeting of the Beverly Planning Board held on Tuesday, May 9, 2006, members of the Board discussed whether or not to forward a recommendation on the remaining portion of Order #31. Members of the Board determined that this section was inherently part of Order #31, and that it had already been disposed of by means of their April recommendation. The Board, therefore will not be forwarding a separate recommendation to you on the portion of Order #31 that proposes to create a new subdivision 29-17.D.5. Sincerely, Richard Dinkin, Chairman Refer to Legal Affairs # June 1, 2006 Honorable City Council C/O Frances Macdonald City Hall Beverly, MA 01915 Dear Councilors: RE; Parking Ordinance Request, 30 Minute Parking South side Goat Hill Lane There are currently no Ordinances restricting parking on Goat Hill Lane. We have received requests form local businesses to have 30 Minute Parking. We have looked into this request and concur with them Please take the necessary action to amend Chapter 14, Section 124 as follows. ADD: Sec. 14-124, Thirty Minute Parking Goat Hill Lane, southerly side, from Cox Court to Cabot Street Very truly yours, Christopher J. Negrotti, Traffic Sergeant Safety Officer Refer to Legal Affairs Communications, Applications and Petitions: # Request for Parcel of City owned Land at 865 be declared as surplus Refer to f # Application Limousine License-Stephen and June Davidson, d/b/a Davidson Limousine Co., 15 Michael Road Refer to Legal Affairs # Request from Beverly Farms-Prides Crossing 4 of July Committee to hang banner across West Street for event July 4, 2006. th 60 Refer to Legal Affairs # Request permission to use city street to place pods from June 15 to June 19, 2006 (1 Marshall Rd) Refer to f # Invitation to March in Ryal Side Civic Association Fourth of July Parade Receive and Place on File Lebovita F&p Reports from Committees: #127 The Committee on Finance and Property to whom was referred the matter of Request to use City Property for Food Stand 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 James Harrison for the Food Project to set up a Farm Stand in Ellis Square from June 19, to October 23, 2006 from 4:00 PM to 7:00 PM Order read once and adopted 9-0 Vote # The Committee on Finance and Property to whom was referred the matter of budgetary transfers 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 Monday, June 19, 2006 at :03 PM in Council Chambers, third floor, 191 Cabot St., Beverly, MA relative to departmental budgetary transfers. Order read once and adopted 9-0 Vote # The Committee on Finance and Property to whom was referred the matter of request to place Storage Containers on City Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend adoption of the order Ordered: That the city council approve the request of Michael and Brenda Pasquarello to place storage pods on city property from June 15, to June 19, 2006 in front of 1 Marshall Road. Order read once and adopted 9-0 Vote #104 The Committee on Legal Affairs to whom was referred the matter of Off Leash Dog Park Proposal 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 #115 The Committee on Legal Affairs to whom was referred the matter of Appointment-Constable-Scott Carlton have considered said matter and beg leave to report as follows, to wit: 61 Recommend the Council approve the appointment Order read once and adopted 9-0 Vote #126 The Committee on Legal Affairs to whom was referred the matter of Renewal Fortune Tellers License-Cindy Mitchell 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 # The Committee on Legal Affairs to whom was referred the matter of request to hang banner over West 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 Beverly Farms-Prides Crossing 4 of July Committee to hang a th banner over West Street for an event on the 4 of July, provided that they are property insured and that it is hung by a th licensed rigger. Order read once and adopted 9-0 Vote # The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T 30 Minute Parking 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 six An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re 30 Minute Parking Be it ordained by the city council of the city of Beverly as follows: That Chapter Chapters 14, Section 124, 30 Minute parking of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Sec. 14-124, Thirty Minute Parking Goat Hill Lane, southerly side, from Cox Court to Cabot Street. This ordinance to take effect upon passage according to City Charter First Passage: June 5, 2006 Final Passage: June 19, 2006 Ordinance read once and held for final passage as per charter provisions # The Committee on Legal Affairs to whom was referred the matter of Omnipoint Communications Lease 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 is hereby authorized to sign the attached Lease Agreement between the City of Beverly and Omnipoint Communications, Inc. for the Fire Station Cell Tower at 2 Dodge Street. Order read once and adopted 9-0 Vote # The Committee on Legal affairs to whom was referred the matter of appointment Design Review Board Larry Jaquith Historic District Commission- Ralph Turcott have considered said matter and beg leave to report as follows, to wit 62 Recommend the Council approve the appointment Order read once and adopted #111 The Committee on Public Services to whom was referred the matter of Petition of National Grid for a pole relocation at Congress Street have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted #117 The Committee on Public Services to whom was referred the matter of Appointment – Parks and Recreation Deborah Ploszay 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 #84 The Committee on the Whole to whom was referred the matter of Ordinance-Public Works Article I Trash Removal and Disposal fee have considered said matter and beg leave to report as follows, to wit: Refer to Finance and Property Order read once and adopted 9-0 Vote Unfinished Business: Resolutions: #99 Eagle Scout Patrick J. Cullen # Eagle Scout Thomas Patrick Chalifour Motions and Orders: # By Councilors Flaherty and Hobin Ordered:That the Mayor Scanlon, City Engineer Frank Killilea and Public Services Director Michael Collins meet with the City Council to discuss Flooding Issues. Refer to comm.. whole Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC City Clerk 63