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2009-06-22 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of7 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, June 23, 2009 10:36 AM To: minutes@beverlyma.gov Subject: meeting Special Meeting Beverly City Council 7:50, PM June 22, 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 Coughlin Public Hearings and Public Speakers: 7:50 PM Public Hearing Substitution of funds (School) Receive and Place on File 8:00 PM Public Hearing FY 2010 Budget Refer to Finance and Property Acceptance of Minutes: Call for Special Meeting: #99 By Council President Flaherty for June 22, 2009 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #100 June 22, 2009 Honorable City Council City Hall 6/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of7 Beverly, MA 01919 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Anthony Paluzzi, 17 Victor Avenue, Beverly, MA 01915 to serve as a member of the Conservation Commission. His term will be effective until June 30, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #101 June 22, 2009 Honorable City Council City Hall Beverly, MA 01919 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following Danvers resident to serve as one of Danvers' representatives to the Beverly Airport Commission: Susan M. McEvoy 5 Orrantia Circle Danvers, MA 01923 Ms. McEvoy will fill the unexpired term of Stephen Freyer who has resigned. Her term will be effective until December 31, 2009. Attached is a communication from Danvers Town Manager, Wayne Marquis, concerning this appointment. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Receive and Place on Fi Ie #102 June 22, 2009 Honorable City Council City Hall Beverly, MA 01919 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizen to serve as a member of the Library Board of Trustees: Mary Beh rle 21 Cobbler's Lane Beverly, MA 01915 She will fill the unexpired term of Roseann Benson who has resigned. Ms. Behrle's term will be effective until January 31, 2010. Very truly yours, 6/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of7 William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: #93A Communication from John Dunn relative to FY 2009 Transfers Refer to Finance and Property Communications, Applications and Petitions: #103 Communication from Fred Hopps re Mass DOER Green Communities Act. On July 2008, Governor Patrick Signed the Green Communities Act of 2007 to enhance clean energy infrastructure and clean energy alternatives across the state of Massachusetts. An eighteen point memo outlining the advantages anticipated by the GCA can be found on the following website page: http://www.mass.gov/legis/house/ht04365 summary .pdf The City of Beverly could significantly benefit from the Green Communities Act (herein referred to as the GCA), as administered by the Department of Energy Resources (DOER). These are the following advantages: 1) 1) Reduction of direct energy costs that are paid by the city through the reduction of energy inefficient "business-as-usual" practices. Money derived from the GCA (coupled with other federal and private sectors) will allow the city of Beverly to implement energy conservation practices (point 3 "Establish Least Cost Energy Planning") in current municipal establishments and to purchase energy conserving materials in future construction (point 2 "Establish Energy Efficiency and Green Communities Program") without incurring any significant costs to the city itself. 2) 2) The availability of funds to defray the purchase of green energy from renewable energy sources. 3) 3) The availability of funds to defray the costs associated with implementation of said renewable energy sources. These are just a few advantages presented by the GCA for the city of Beverly. In order for the city of Beverly to achieve these benefits, which are based on a sliding scale determined by a municipality's accumulated points, the city will need to meet the GCA qualifying criteria. As outlined in MGL c. 25A S 1 D( c). In order for a municipality to partake in the Green Communities program, each municipality will need to complete the following provisions (summarized and taken from "DRAFT-Guidelines for Qualifying as a Green Community" memo issued by the Green Communities Program, GCP): I) I) File an application with the Department of Energy Resources in a form and manner to be described by the department, final details will be available this summer (pers. comm. with Meg Lusardi, Deputy Director of the Green Communities Program). II) II) Provide for the as-aI-right siting of renewable or alternative energy generating facilities, renewable or alternative energy research and development (R&D) facilities, or renewable or alternative energy manufacturing facilities in designated locations. (from GCA 'as-al-right siting': defined as siting that provides for the allowed use of, and does not unreasonably regulate, or require a special permit). III) III) Adopt an expedited application and permitting process under which these energy facilities may be sited within the municipality and which shall not exceed 1 year from the date of initial application to the date of final approval. 6/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of7 IV) IV) Establish an energy use baseline inventory for municipal buildings, vehicles, street and traffic lighting, and put in place a comprehensive program designed to reduce this baseline by 20 percent within 5 years of initial participation in the program. V) V) Purchase only fuel-efficient vehicles for municipal use whenever such vehicles are commercially available and practicable (currently, vehicles used in law-enforcement are exempt from this clause ). VI) VI) Require all new residential construction over 3,000 square feet and all new commercial and industrial real estate construction to minimize, to the extent feasible, the life-cycle cost of the facility by utilizing energy efficiency, water conservation, and other renewable or alternative energy technologies. (BBRS) regulations are planned for the state Refer to Public Services Reports from Committees: #93 The Committee on Finance and Property / Committee of the Whole 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: That the City Council will hold a Public hearing on Tuesday, July 7, 2009 at 7:05 PM in council chambers, Third Floor, 191 Cabot St., Beverly, Ma relative to transfers from Reserve for Unforeseen to the appropriate salary lines to fund increases as agreed in settled union contracts and to transfer from and to other General Fund Lines as need to reduce any deficits, including those from Snow and Ice Operations. First Passage: Public Hearing: Final Passage: June 15, 2009 July 7, 2009 July 7, 2009 Order read once and adopted 9-0 Vote #94 The Committee on Finance and Property to whom was referred the matter of Request from PILOT/SILOT committee relative to new revenue accounts Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Pilot/Silot committee for the establishment of the following four revenue accounts: Emergncy Services Parks and Recreation Briscoe Commons Beverly Book Mobile Order read once and adopted 9-0 Vote #72 6/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of7 The Committee on Legal Affairs to whom was referred the matter of have considered said matter Inclusionary Zoning 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 nine An Ordinance amending an ordinance entitled Zoning Relative to Parking and Loading Requirements Be it ordained by the City Council of the City of Beverly as follows, to wit: (1) Amend Section 29-25 of the Zoning Ordinance entitled "Parking and Loading Require-ments" by amending the table in subsection A. as follows: (a) Add ", including subsidized elderly housing facilities that provide shared living arrangements" after the phrase "Congregate Housing for the Elderly and Permanently Disabled"; and (b) Add "IG, IR" to the list of districts in which two (2) parking spaces are required for residential units. With the amendments, the table at Section 29-25.A. would read as follows (new text in italics): USE MINIMUM OFF-STREET PARKING SPACES REQUIRED Residential units in CC District of 1 bedroom or 1 space per residential unit smaller Residential units in the CC District with more than one 2 spaces per residential unit bedroom, residential uses in the CG, CN, WD, IG, IR, RHD, RMD, R-6, R-I0, R-15, R-22, R-45, and R-90 zoning districts Rooming house, hotel, motel 1 space for each rental unit plus 1 space for each eight seats provided for eating and meeting facilities Bed and breakfast establishment 1 space for every room rented, plus 2 space Hospital 1 space for every 2 beds Clubs, lodges, and similar uses 1 space per 400 sq. ft. of gross floor area Auditorium, theater, general meeting facilities or place 1 space for every 4 seats, permanent or otherwise thereof Business and professional offices 1 space for every 250 sq. ft. of gross floor area Retail trade establishment, personal service 1 space for every 275 sq. ft. of gross floor area for those establishments under 10,000 sq. ft. in gross floor area; 1 space for every 200 sq. ft. of gross floor area for those establishments over 10,000 sq. ft. in gross floor area Clinic or medical buildings, including medical offices 1 space for every 150 sq. ft. of gross floor area as an accessory use in a residential dwelling Restaurant or similar indoor place dispensing food, 1 space for every 4 seats, permanent or otherwise drink, or refreshment Schools 1 space for each 500 sq. ft. of floor space, exclusive of basements Wholesale and storage in enclosed buildings 1 space per 1,000 sq. ft. of gross floor area for the first 20,000 sq. ft.; 1 space per 2,000 sq. ft. of gross floor area for the second 20,000 sq. ft.; 1 space for each 4,000 sq. ft. of gross floor area for areas in excess of the initial 40,000 sq. ft. of gross floor area 6/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f7 Open storage 1 space for every 1,000 sq. ft. of the lot devoted to the use thereon 2.5 spaces per 1,000 sq. ft. of gross floor area Manufacturing, assembly, processIng, research, printing, and publishing Congregate housing for the elderly and permanently disabled, including subsidized elderly housing facilities that provide shared living arrangements Marina .75 space per unit .5 space per boat moored, docked, stored, or trailered. Between September 15th and May 15th, up to 80% of the required parking spaces may be used for winter storage of boats, floats, runways, and associated equipment. On or before May 16th, 70% of the required parking spaces must be clear and available for motor vehicle parking. By June 15th, 100 percent of the required parking spaces must be clear and available for motor vehicle parking. (2) Amend Section 29-34.B.2. of the Zoning Ordinance entitled "Inclusion of Affordable Housing - Applicability" by inserting the phrase "nursing homes, projects meeting the definition of subsidized elderly housing or congregate elderly housing, nor to" between the phrases "This Section does not apply to..." and "...the rehabilitation of any building or structure...". With the amendment, Section 29-234.B.2. would read as follows (new language in italics): "This Section does not apply to nursing homes, projects meeting the definition of subsidized elderly housing or congregate elderly housing, nor to the rehabilitation of any building or structure wholly or substantially destroyed or damaged by fire or other casualty; provided, however, that no rehabilitation or repair shall increase the number of dwelling units on the lot as existed prior to the damage or destruction thereof, except in conformance with this Section." Ordinance Read once and held for final passage as per charter provisions 9-0 Vote #91 The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly housing Authority Leland McDonough 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 #92 The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly housing Authority of Dorothy List amend term of office until June 28, have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the amendment of the Appointment Order read once and adopted 9-0 Vote Unfinished Business: 6/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f7 Motions and Orders: Meeting adjourned: 8:48 PM Frances A. Macdonald, CMC City Clerk 6/25/2009