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2007-04-17 Regular Meeting Beverly City Council 7:00, PM April 17, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, , Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Councilor Timothy Flaherty was absent Pledge of Allegiance to the Flag: Led by Councilor Coughlin Appointments: Public Hearings and Presentations: 7:02 PM Public Hearing Petition National Grid Refer to Public Service 7:05 PM Public Hearing Loan Order-Innocenti Park Refer to Finance and Property 7:30 PM Jocelyne Taylor re Ryal Side Streets Acceptance of Minutes: Meeting of April 2, 2007 Communications from His Honor the Mayor: #97 April 17, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Board vote to approve the attached request for a Revocable License, at our discretion, between the City and Kevin and Susan Barry as further described in the attached. I also request that you authorize the City Engineer to sign the Memorandum of Understanding. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #98 April 17, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as a member of the Design Review Board as a landscape architect: Ms. Dai Shi 1906 Broughton Drive Beverly, MA 01915 Her term will be effective until December 1,2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs 48 #99 April 17, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached letter from Purchasing Agent David Gelineau describes the fact that Beverly currently does not have a written procedure to dispose of surplus tangible supplies. Such a procedure is necessary under the law. Enclosed is language developed by the Purchasing Agent in conjunction with the City Solicitor which will satisfy this requirement. I hereby request that your Honorable Council take the necessary steps to adopt the proposed ordinance. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #100 April 17, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As requested in the attached note from Planning Director Tina Cassidy, please take the necessary steps to surplus the McKay School. As you know, it has been our intent for some time to put out an RFP on the school for the purpose of its being developed in a manner analogous to that of the Edwards School. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from Other City Officers and Boards: #101 April 9, 2007 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Attached is a list of all Petroleum Storage Licenses to be renewed for the year 2007. City Council approval is needed to complete the process for this years licensing. If you have any questions, please feel free to call either Kathy or myself regarding these licenses. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Leqal Affairs #35A 49 April 10, 2007 Mrs. Frances A. Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 RE:#35-Amendment to sections of zoning Ordinance and Map regarding height of buildings for "CC" zoned lots Dear Ms. Macdonald: The Beverly Planning Board held a joint public hearing with the City Council on Monday, March 19, 2007 to consider the above-referenced amendments to the Beverly Zoning Ordinance an Zoning Map. Planning Board Members closed the public hearing at a special meting also held that night. Members of the Board discussed the matter at their meetings of March 20, 2007 and March 29, 2007. On March 29, 2007 the Board voted (6-2) to recommend to the City Council that Order #35 be ADOPTED with the condition that changes recommended by Planning Director Tina Cassidy in her memorandum dated March 20, 2007 be incorporated into the final amendment. A copy of the March 20, 2007 memorandum is attached for your reference. Respectfully, Richard Dinkin, Chairperson Refer to Leqal Affairs #102 FROM: Chief John A. Cassola SUBJECT: Appointment of Reserve Officers DATE: April 17, 2007 I have appointed the following candidates to Reserve Officers effective January 1, 2007. This has been a long process. We started backgrounds in June 2006 and received certification from Civil Service April 14, 2007. Joshua Pickett Scott Griffin John Monaco Eric Gagnon Edward Hathorn Generosoi Gallo Matthew Marino Charles Twombley Ryan Fortin Justin Shairs Michael Henebury 70 Chase Street, Beverly, MA 201 Brimbal Avenue, Beverly, MA 610 Cabot Street, Beverly, MA 24 Bartlett Street, Beverly, MA 14 Bridge Street Apt. 1, Salem, MA 25 Trask Court, Beverly, MA 8 Beverly Commons Dr. # 23, Beverly, MA 36R South Terrace, Beverly, MA 136R Livingstone Avenue, Beverly, MA 7 Whitaker Way, Beverly, MA 7 Hardy Street, Beverly, MA Receive and Place on File #103 April 26, 2007 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: PROPOSED ZONING AMENDMENT ENTITLED "INCLUSION OF AFFORDABLE HOUSING" Dear Members of the Council: On behalf of the Planning Board I am pleased to submit the attached proposal to you for formal consideration and adoption. As you are aware, the Master Plan (2002) and the Beverly Affordable Housing Plan (2005) goals and recommendations emphasize the need to address housing related issues in the City through revisions to the Zoning Ordinance and by enacting other City programs. A key recommendation of the Beverly Affordable Housing Plan is the enactment of an Inclusionary Zoning Ordinance. For these reasons an Inclusionary 50 Zoning Committee (the "Committee") was established to develop a draft Inclusionary Zoning Ordinance for the City. The Committee applied for and received a grant from the Priority Development Fund Planning Assistance for Housing Production program through the Department of Housing and Community Development and MassHousing in 2005. This funding allowed the Committee to secure a housing consultant, Judith Barrett of the Community Opportunities Group, to assist in developing the attached Inclusionary Zoning Ordinance (the "Ordinance"). In summary, the proposed ordinance would require developers to include some housing for low- and moderate-income households in their residential developments. This housing may be provided on-site, off- site or as a fee in lieu of building units. Over the past year and a half, the Committee has worked diligently with Ms. Barrett and met with the general public, developers and other stakeholders and the Planning Board to develop the draft Ordinance. The Planning Board, committee and I look forward to discussing the Ordinance further with the City Council during the course of the public hearing. Please let me know if my office can provide you with additional information on this request. Respectfully, Tina P. Cassidy, Director Planning & Development Department Refer to Leqal Affairs Communications, Applications and Petitions: #104 Request from Glovsky & Glovsky to rezone a parcel of property at 480-486 Rantoul Street for the owners of the property, Rantoul Street LLC and Force Realty, LLC Refer to Leqal Affairs and Planninq #105 Comm. relative to opposition to order #35 Refer to LeQal Affairs #106 Comm. relative to Councilors recusing themselves from voting on certain issues Receive and Place on File Refer to City Solicitor for opinion #107 Comm. relative to inappropriateness' and possible violation op Open Meeting Law. Receive and Place on File Refer to City Solicitor for opinion #108 Comm. relative to 75 foot buildings Order #35 Refer to Leqal Affairs and file with order #35 Refer to City Solicitor #109 Request by residents of Foster St. and Common Lane to speak at Council Meeting relative to water and flooding problems. 51 Refer to Public Services #110 Change of Ownership from Silva Tire Depot to Beverly Gas & Tire Center Refer to Leqal Affairs Reports from Committees: #06-201 The Committee on Finance and Property to whom was referred the matter of request to name Wenham Lake Watershed Park 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 #06-233 07-111 The Committee on Finance and Property to whom as referred the matter of request to name Vitale Site by School Children have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the former Vital Site, named by School Children, shall be picked as one of the following names. Birch Plains Park Watershed Park James Vitale Memorial Field Batchelder Park Tabled until May 7 Meetinq 8-0 Vote #74 The Committee on Finance and Property to whom was referred the matter of a loan order for the cleanup of Innocenti Park have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend it s adoption Ordered: That the City Council approve the enclosed loan order in the amount of $830,000 dollars relative to the clean up of Innocenti Park Order read once and adopted on a Roll Call Vote Roll Call: Yea: Burke, Coughlin, Gooding, Grimes, Hobin, Martin, Troubetaris, Guanci Nay: None Absent: Flaherty #82 The Committee on Finance and Property to whom was referred the matter of Powers and Sullivan extension of Auditing Services have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed proposal for auditing services with Powers and Sullivan for Auditing Services. Order read once and adopted 8-0 Vote #84 52 The Committee on Finance and Property to whom was referred the matter of Request of Budget analyst 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's Budget Analyst update the City Council quarterly starting in April, on all expenditures related to the new high school construction project Order read once and adopted 8-0 Vote #91 The Committee on Finance and Property to whom was referred the matter of North Shore Regional Vocational School FY 08 Preliminary Budget 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 #100 The Committee on Finance and Property to whom was referred the matter of surplusing the McKay School 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 to surplus the McKay School. Order read once and adopted 8-0 Vote #06-152 #07-112 The Committee on Legal Affairs to whom was referred the matter of Ordinance Animals have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and Seven An Ordinance Amending an ordinance entitled Animals "Prohibited behavior, impounding, release and disposition of dogs." Section 4B-26 and "Dogs; restraint required." Section 4B-28 Be it ordained by the city council of the city of Beverly as follows: That Chapter 4B, Article II Animals Section 4B-26 and Section 4B-28 of the Revised Ordinances of the City of Beverly 1989, be, and the same is hereby amended as follows: Change Article II, Section 4B-26 (a) (2) to read as follows: (a) (2) If found at large elsewhere than in unleashed designated areas as described by written policy of the Beverly Parks and Recreation Commission. Delete Article II, Section 4B-26 (e) and substitute therefore the following: (e) Dogs shall be permitted in Beaches/Parks of the City of Beverly only as follows: (1) From and including Memorial Day to and including Labor Day of each year, leashed dogs will be permitted in Lynch Park (excluding Gardens, playing fields, and playground equipment areas) only between the hours of 6:00 a.m. to 7:30 a.m. (2) From and including Memorial Day to and including Labor Day of each year, leashed dogs will be permitted in any other City Park (excluding Gardens, playing fields, and playground equipment areas) only between the hours of 7:30 p.m. to 7:30 a.m. (3) In addition to the above upon passage of this Ordinance or on May 1, 2007, whichever shall occur later, leashed dogs will be permitted in other special areas designated by written policy of the Beverly Parks and Recreation Commission during the hours designated in said policy. 53 (4) In addition to the above, upon passage of this Ordinance or on May 1, 2007, whichever shall occur later, unleashed dogs will be permitted in special areas designated by written policy of the Beverly Parks and Recreation Commission during the hours designated in said policy (5) The Beverly Parks and Recreation Commission and the Beverly Police Department shall develop and coordinate an enforcement plan for this Ordinance to insure its effective enforcement. (6) No later than November 9, 2007 the Beverly Parks and recreation Commission shall report to the City Council recommending continuance, discontinuance or changes to this Ordinance. (7) The Beverly Parks and Recreation Commission shall create a Website in which this Ordinance and all written policies of the Commission relative to leashed/unleashed dogs are available to the public. Such site will provide for public comment relative to this Ordinance and the written policies of the Beverly Parks and Recreation Commission pertaining to leashed/unleashed dogs. Delete Article II, Section 4B-28(a) and substitute the following: Article II, Section 4B-28 (a) No person owning, harboring or having custody and control of a dog shall permit such dog to be at large in the City of Beverly at any time, elsewhere than in unleashed areas as designated by policy of the Beverly Parks and Recreation Commission, elsewhere than on the premises of the owner, except if such dog be on the premises of another person with the knowledge and assent of such person. Further, any person owning, harboring or having custody and control of a dog in the City of Beverly, when such dog is not on the premises of the owner or upon the premises of another person with the knowledge and assent of such person, shall control and restrain such dog by a leash of appropriate length. Ordinance passed out of committee on a 2-1 Vote Councilors Martin and Burke voting against and Council Troubetaris voting for. Committee report amended on floor Voted 5-3 on the amendment Voted 5-3 on final passage Against: Burke, Grimes and Martin Against: Burke, Grimes and Martin This ordinance to take effect upon passage according to charter provision Ordinance read once and held for final passaqe as per charter provisions 5-3 Vote #06-153 The Committee on Legal Affairs to whom was referred the matter of Ordinance Animals have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance amending an ordinance entitled Animals (Chapter 4B) Be it ordained by the City Council of the City of Beverly as follows, to wit: That Section 4B-26 of the Revised Ordinances of the City of Beverly, 1989, be amended as follows: Delete Sections 4-B (e) (1) and (3) (2) ADD: (E) (1) Dogs restrained by a leash of appropriate length shall be permitted in City parks (excluding Gardens, playing fields and playground equipment areas). (3) (2) Dogs unrestrained by a leash shall be permitted only in areas designated by the City Council upon recommendation by the Animal Recreation Citizen Advisory Committee ADD: (g) Animal Recreation Citizen Advisory Committee (1) Composition -- There is hereby established the Animal Recreation Citizen Advisory Committee consisting of six members. Of the six members, one shall reside in Ward I, one shall 54 reside in Ward II, one shall reside in Ward III, one shall reside in Ward IV, one shall reside in Ward V, and one shall reside in Ward VI, and shall be nominated by their respective ward councilor. All members shall be residents of the city and shall not be in the employ of the city of Beverly. All appointments shall be for three year terms. All appointments shall be subject to review by the City Council. (2) Authorities and Responsibilities -- The Animal Recreation Citizen Advisory Committee shall act in an advisory and consulting capacity to the City Council and other interested city departments, boards, committees or commissions and to the citizens of the city, relative to matters concerning off-leash areas, dog license fees, fines, and other matters referred from the Beverly City Councilor one of its standing committees. This ordinance to take effect upon passage according to City Charter. Amend committee report to Receive and Place on File Amended order 8-0 Vote Amended RPF 8-0 Order read once and adopted 8-0 voted #24 The Committee on Legal Affairs to whom was referred the matter of communication relative to delinquent taxpayers have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the list of delinquent taxpayers currently printed in the newspaper also be posted to the City of Beverly Web Site Order passed out of Committee on a 2 - 1 vote with Councilor Troubetaris voting against Amend to top 25 taxpayers-Burke Second Coughlin 7-1 Amended order 7-1 Order read once and adopted 7-1 Vote Troubetaris voting against #62 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T re 15 Minute Parking West Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re 15 Minute Parking Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 123, of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding the following: DELETE: West Street, three (3) spaces in front of #1 West St. between the hours of 6:00 AM to 7:00 PM, 7 days a week ADD: West Street, three (3) spaces in front of #1 West St., between the hours of 6:00AM to 8:00 PM, 7 days a week This ordinance to take effect upon passage according to City Charter Ordinance read once and held for final passaqe as per charter provisions 8-0 Vote #87 The Committee on Legal Affairs to whom was referred the matter of Appointment as Constable-Walter Sorenson 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 55 #88 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T re Parking Pleasant Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Parking Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 120, of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding the following: DELETE: Pleasant Street, north side, from Rantoul Street to River Street ADD: Pleasant Street, south side from Rantoul Street to River Street This ordinance to take effect upon passage according to City Charter Ordinance read once and held for final passaqe as per charter provisions 8-0 Vote #103 The Committee on Legal Affairs to whom was referred the matter of Zoning Change 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 and the Planning Board will hold ajoint public hearing on Monday, May 21, 2007 at 7:25 PM in Council Chambers, Third Floor, 191 Cabot St. Beverly MA relative to a proposed inclusionary zoning ordinance, as per the request of the Planning Board. Order read once and adopted 8-0 Vote #75 The Committee on Public Services to whom was referred the matter of Appointment to Parks and Recreation of Brian Chirco 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 #89 The Committee on Public Services to whom was referred the matter of Waterways Application Bass River, 240-242 Elliott St. 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 #93 The Committee on Public Services to whom was referred the matter of P. Kampersal presentation from 3/19/07 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 #96 The Committee on Public Services to whom was referred the matter of request to us city property at 280 B Cabot Street have considered said matter and beg leave to report as follows, to wit: Refer to Finance and Property 56 Order read once and adopted 8-0 Vote #90 The Committee on Public Services to whom was referred the matter of Petition National Grid for conduits encased in cement at Federal and Rantoul Streets 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 Unfinished Business: #64 Ordinance-MV & T 4 Way Stop Signs at Hale and Dane Streets Resolutions: Motions and Orders: #113 By Councilor Hobin: Ordered that Fred Hobbs be invited to the next sub-committee of the Whole for a presentation relative to Green Schools Order read once and adopted 8-0 Vote #114 By Councilors Guanci and Martin: Ordered: That the City commissions a Financial Forecast Committee to study the City's financial future. The Committee shall be comprised of three members of the City Council appointed by the Council President and two members of the School Committee appointed by the School Committee President. The Committee shall also include as professional consultants, the City Council's Budget Analyst, the School Business Manager and the City's Director of Finance. The Committee shall report their findings to the City Council and School Committee in December of 2007. Refer to Finance and Property Meeting adjourned: 9:20 PM Frances A. Macdonald, CMC City Clerk 57