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2008-01-08 Regular Meeting Beverly City Council 7:00, PM January 22, 2008 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 Alleg iance to the Flag: Led by Councilor James Doherty in honor of his Father Edward Doherty Public Hearings and Public Speakers: Swear In of Police Officer April Clarizia Letter of Commendation to Officer Panjwani Acceptance of Minutes: Meeting of December 17, 2007, the Special Meeting of January 3, 2008 and Regular Meeting of January 7, 2008 Appointments: Vice President of Council Nominations: Kevin Hobin Confirmed by 7-0 Vote Councilors Burke and Grimes Abstained Communications from His Honor the Mayor: #4 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Noelle Faris, 26 Raymond Avenue, Beverly, MA 01915, to serve as an Alternate Member to the Zoning Board of Appeal. She will fill the unexpired term of Patricia Murphy who has resigned. Ms. Faris' term will be effective until October 1, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #5 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Ms. Jane Brusca, 11 Greenwood Avenue, Beverly, MA 01915, to serve as a Member to the Zoning Board of Appeal. Her term will be effective until January 31,2012. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Leqal Affairs #6 January 22, 2008 Honorable City Council 5 City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Leo Panunzio, 27 Woodland Avenue, Beverly, MA 01915, to serve as a member of the Planning Board. He will fill a vacancy that presently exists on the Board, and his term will be effective until December 31, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #7 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Neil Overberg, 7 Lakeside Avenue, Beverly, MA 01915, to serve as a member of the Cable TV Advisory Commission. He will fill will a current vacancy on the Commission and his term will be effective until January 31, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #8 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Steven Pike, 291 Essex Street, Beverly, MA 01915, to serve as a member of the Cable TV Advisory Commission. His term will be effective until January 31, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #9 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Commission on Disabilities: Elise Bernstein 23 Budleigh Avenue Karen Bloodgood 116 Lothrop Street 6 Their terms will be effective until November 1,2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #10 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Butch Towne, 31 Elliott Street, Beverly, MA 01915 to serve as a member of the Commission on Disabilities. His term will be effective until November 1,2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #11 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Airport Commission: Leo White - Effective until December 31,2010 12 Stewart Lane Paul Barnico - Effective until December 31, 2010 11 Iverson Road William Mahoney - Effective until December 31,2010 10 Beverly Hills Avenue James Tognazzi - Effective until December 31, 2009 459 Cabot Street Stephen P. Freyer - Effective until December 31,2009 48 Reservoir Drive, Danvers, MA 01923 Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services #12 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 7 For your information please be advised that I have confirmed the reappointment of Mr. Shon Baldini, 4 Peabody Avenue, Danvers, MA 01923 to serve as the Mayor's Appointee to the Board of Directors of Beverly Community Access Media (BevCam). His term will be effective until January 14, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #13 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Ellen M. Hutchinson, 4 Concord Terrace, Beverly, MA 01915, to serve as a member of the Planning Board. She will fill the expired term of Donald Walter. Her term will be effective until December 31,2010. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Leqal Affairs #14 January 22, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following citizens to serve as members of the Planning Board: Joanne Dunn 18 Palmer Road John Thomson 9 Thoreau Circle Their terms to be effective until December 31,2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs Communications from Other City Officers and Boards: #15 January 22, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint the following to serve on the Standing Committees of the Council for the next two years: Finance and Property 8 Donald Martin - Chair Timothy Flaherty Judith Cronin Legal Affairs William Coughlin - Chair Patricia Grimes Maureen Troubetaris Public Services Kevin Hobin - Chair John Burke D. Wesley Slate, Jr. Every Council will also be expected to be a participating member in the Council Committee of the Whole and will meet when necessary to discuss issues that require full Council deliberation Respectfully, Timothy P. Flaherty, Council President Receive and Place on File #16 January 22, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint the following to serve on the Beverly Harbor Management Authority for the next two years: Maureen Troubetaris will continue to serve and D. Wesley Slate, Jr. will replace Miranda Gooding. Respectfully, Timothy P. Flaherty, Council President Receive and Place on File #17 January 22, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint the following to serve as members of the City and School Consolidation Committee: Timothy Flaherty Judith Cronin William Coughlin Respectfully, Timothy P. Flaherty, Council President Receive and Place on File #18 January 22, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint Patricia Grimes to serve as representative to ECDC 9 Respectfully, Timothy P. Flaherty, Council President Receive and Place on File #19 January 22, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: I hereby appoint the following to serve as School Liaisons: D. Wesley Slate, Jr. and William Coughlin Respectfully, Timothy P. Flaherty, Council President Receive and Place on File #20 January 22, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: There shall be a 15 minute public comment period prior to every regular scheduled meeting. It should start at 6:45 PM unless otherwise ordered by the Council President. Time and order shall be determined by the Council President or his/her designee. Members of the public shall sign up prior to the comment period and the comments will be exclusively for matters before the Council. Respectfully, Timothy P. Flaherty, Council President Refer to Committee of the Whole Councilor Burke request order to be held #21 December 14, 2007 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: RECOMMENDATION ON REQUEST TO ELIMINATE ON STREET PARKING SPACE / CORNER OF COX COURT AND SUMMIT AVENUE Dear Members of the Council: At a meeting of the City's Parking and Traffic Commission held on December 13, 2007, members discussed the above-referenced proposal with Police Traffic Sergeant/Safety Officer Joe Shairs. The narrowness of both Cox Court and Summit Avenue, combined with the current on-street parking situation makes it difficult if not impossible for certain vehicles to navigate this intersection when cars are parked opposite Summit Avenue, Accordingly, and following the Commission's discussion, members voted unanimously to recommend that the City Council vote to amend the City Ordinances to prohibit on street parking in the northbound lane in front of #25 Cox Court. Respectfully, Tina P. Cassidy, Chairman Refer to Leqal Affairs 10 #22 Call for the Election of February 5, 2008 Receive and Place on File #23 January 17, 2008 Honorable City Council City Clerk Fran MacDonald City Hall Beverly, MA 01915 18 Porter St. Handicapped Parkinq Siqn Dear Council Members On January 10, 2008 the Parking and Traffic Commission voted on a proposal brought forth by the resident at 18 Porter St. The request was for the city to install a "Handicapped Parking" sign in front of the residence on Porter St. The proposal passed unanimously. The sign is requested due to a medical condition of one of the homes occupants. The Traffic Office also supports this proposal and requests that the Council approve this posting. Sincerely, Sgt. Joseph Shairs Traffic/Safety Officer, Beverly Police Department Refer to Leqal Affairs #24 Late File January 22, 2008 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: PROPOSED AMENDMENTS TO THE OPEN SPACE RESIDENTIAL DESIGN SITE PLAN SECTION OF THE ZONING ORDINANCE Dear Honorable Council: The Planning Board respectfully submits the attached proposed amendments to modify the City's Open Space Residential Design Site Plan (OSRD) section of the Zoning Ordinance (Section 29-24.B). As you know, the City adopted the OSRD ordinance in December of 2005 as an innovative approach to future land development in Beverly. It was criticized by some on several fronts, including the fact that the ordinance is mandatory (not elective) and has stringent threshold and dimensional requirements. During 2006, a consultant reviewed and analyzed the new OSRD ordinance and recommended several changes. The Planning Board and its staff considered those recommendations as well as commentary from members of the public who expressed their own opinions and concerns about various provisions of the ordinance and potential changes. The attached package of proposed amendments is the result of the Board's consideration of that information over the last two years. It represents the Board's best attempt to improve the utility of the ordinance while maintaining the integrity of the ordinance's goals and objectives. The Board respectfully recommends and requests that the City Council vote to schedule a Joint Public Hearing on the proposed amendments attached to this letter at its earliest convenience. If you need further information or clarification on the Board's request, please feel free to contact Assistant Planning Director Leah Zambernardi at (978) 921-6000, ext. 2342. Respectfully, 11 Tina P. Cassidy, Director Refer to Leqal Affairs Communications, Applications and Petitions: #25 To: City Council From: Beverly Harbor Management Authority Re: Notice of Authority's Vote to Increase Slip Fees at Glover Wharf Recreational Marina Date: January 21,2008 As you may be aware, the legislation establishing the Beverly Harbor Management Authority (the "Authority"), provides that any act of the Authority may be revoked by the Council by a 2/3's vote taken within thirty days of the act in question. Accordingly, this notice is to inform the Council that at its regular meeting on January 10, 2008 the Authority voted to increase slip fees for the recreational marina at Glover's Wharf as follows, effective April 1, 2008: Current Fee April 2008 Fee $135.00/linear foot $140. OO/Ii near foot Receive and Place on File #26 Late File Communication relative to Train Whistles Refer to Leqal Affairs Reports from Committees: #24 The Committee on Legal Affairs to whom was referred the matter of Proposed Amendments to the Open Space Residential Design Site Plan 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 hold a public hearing on Tuesday, February 19, 2008 at 7:15 PM in Council Chambers, Third Floor, 191 Cabot St., Beverly, MA ,relative to proposed amendments to the open space residential design site plan section of the zoning ordinance as per the request of the Planning Board. Order read once and adopted Unfinished Business: Motions and Orders: #27 By Councilor Coughlin Ordered: That an ad hoc Clean Energy Task Force committee be established with the goal of reducing energy usage and costs in public buildings and any potential gasoline savings in the usage of city vehicles and equipment. This committee is also charged with applying for grants and bringing a public awareness of energy conservation to the citizens and employees of Beverly Refer to Leqal Affairs #28 12 By Councilor Flaherty: Ordered: That the City Council adjourn their regular scheduled meeting at 11 :00 PM unless a vote is taken to do otherwise. This has been requested by Cable TV for broadcasting purposes. Refer to Committee of the Whole #29 By Councilor Flaherty: Ordered: That the City Council appoint Richard Benevento, 12 Fern Street to serve as a member of the Parking and Traffic Commission. Refer to Public Services Meeting adjourned: 8:22 PM Frances A. Macdonald, CMC City Clerk 13