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2008-03-17 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Monday, August 17, 2009 2:28 PM To: minutes@beverlyma.gov Subject: 08.mar17.doc Regular Meeting Beverly City Council 7:00, PM March 17, 2008 Ro II 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 Resolutions: Public Hearings and Public Speakers: Acceptance of Minutes: March 3, 2008 Appointments: Communications from His Honor the Mayor: #67 March 17, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As we continue to pursue increased recycling the city has contracted to purchase 840 toters with a capacity of 65 gallons. That is sufficient capacity to hold up to 150 pounds of paper. These toters cost the city approximately $55 each including shipping costs and assembly of the lids. I proposed that we issue a coupon worth $20 to each household bringing the net cost down to $35 for our citizens. Our total subsidy would be $16,800. Subsequently, we would sell the units at our cost. The toters are to be used to collect paper. Every pound of paper which is diverted from the incinerator to recycling saves us 3.75 cents. 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8 These toters should pay back the subsidy in a few months. I would appreciate your concurrence in proceeding with this program. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property and Public Services #68 March 17, 2008 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 Fourth Addendum to the Lease Agreement dated April 1 , 1995 between North Atlantic Air, Inc. and the Beverly Airport Commission. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #69 March 17, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. William Bent, 60 Matthies Street, Beverly, MA 01915, to serve as a member of the Parking and Traffic Commission. He will fill the vacancy of Robert Mead. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services Communications from Other City Officers and Boards: #70 Communication from Sgt. Joseph Shairs relative to Engineering Study for Multi-way Stop Signs - Pearson, Matthies and Sturtevant Streets 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8 Refer to Legal Affairs #49A March 4, 2008 Honorable City Council Beverly City Hall 191 Cabot St. Beverly, Ma 01915 RE Council order #49: Proposed Zoning Amendment-Modification to Section 29-29.C. Site Plan Review Recommendation from Planning Board Dear Honorable Council: The Beverly Planning board heard testimony on the above-referenced request at a joint public hearing with the City Council on March 3, 2008. The public hearing was closed at this meeting and members discussed the request at a special meeting immediately following. The Board then voted unanimously (5-0) to recommend to the City council that council Order #49 be ADOPTED. Receive and Place on File #71 March 8, 2008 Fran Macdonald-City Clerk Beverly City Hall 191 Cabot St. Beverly, MA 01915 Council Members Previously all City Council members were provided the Manual of Uniform Traffic control Device standards for Stop Signs and Multi-Way stop Sign implementation. I thought the attached information would also be helpful in providing some background of the manual. The full text is available on line by simply typing MUTCD into a search engine. The document is lengthy and you have previously received limited areas of the manual. I hope that by accessing this material all departments handling the many requests for traffic control devices can use this valuable tool as we move forward. Sincerely, St. Joseph Shairs, Traffic/Safety officer Receive and Place on File #72 March 1 0, 2008 The Honorable City Council Beverly City Hall 191 Cabot St. Beverly, MA 01915 RE: Sandwich Board Sign Recommendation-Wallace Photography, 207 Cabot Street 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of8 Dear Honorable Council At the March 6, 2008 meeting of the Beverly Design Review Board ("the Board") the members of the Board considered an application for a sandwich board sign to be displayed at the above referenced location as indicated on the attached photocopies. Following discussion, the Board supported the approval of the sign design as presented. Thank you for your consideration and the opportunity to comment on this application. Please do not hesitate to contact me if you have any questions relative to the Board's deliberations. Sincerely, Kathryn Newhall, Associate Planner Refer to Legal Affairs Communications, Applications and Petitions: #73 Application from Pantages Transit Co., Inc. for municipal street license. Refer to Legal Affairs #74 Communication relative to Open Space Residential Design Ordinance Refer to Legal Affairs #75 Beverly Main Streets request to waive City Ordinance relative to Alcohol in a Public Building for an event at the Beverly public Library on March 31, 2008 from 5:30 to 7:00 PM Communication read once and approved 9-0 vote #76 Application Second Hand Dealers License Constantine G. Karatza, d/b/a The Microphone Zone, 8 Bow St. Refer to Legal Affairs #77 Late File Communication relative to Zoning 449 Cabot Street and request certain City owned property be placed for sale Refer to Legal Affairs 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8 Regorts from Committees: #43 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Clean Energy Advisory Committee 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 #49 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Ordinance- Site Plan review Ordinance 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 eight An Ordinance Amending and Ordinance entitled Zoning Sec. 29-29.C Be it ordained by the City Council of the City of Beverly as follows, to wit: Amend Section 29-29.C of the City of Beverly Zoning ordinance as follows: A. Delete the first paragraph of subsection 29-29.C and replace it with the following: "2. Procedure - Applicants shall submit to the Planning Board ten (10) copies of an application for the site plan review and ten (10) sets of plans, size 24" x 36". The applicant shall also submit the (10) sets of plans, size 11" x 17". The applicant shall also file one (1) copy of the site plan review application with the City Clerk. B. Delete subsection 29-29.C2.b in its entirety and replace it with the following: "b. A filing fee of $35 per 1,000 s.f. gross floor area (min. of $350, max of $5,000) for site plan review; or $350 for a modification of site plan review; and" C. Add new subsection 29-29.C.4 to include process for modifying an approved site plan as follows "4. Modification to Approved Site Plan - Subsequent to a site plan granted by the Planning Board pursuant to this section, minor modifications to the site plan my be made from time to time in accordance with applicable City ordinances and regulations. The development approved under such site plan shall otherwise be in accordance with the approved plans and such conditions, as may be included, in the decision of the Planning Board. The developer shall notify the Planning Board in writing well in advance of any such modification, which shall not be effective until approved by vote of the Planning Board. The developer shall also submit a plan depicting such modification. Should the Planning Board determine that such revisions are not minor, it shall order that an application for a modification of site plan be filed and a public hearing be held in the same manner as set forth in Section 29-29.C." This ordinance to take effect as per charter provisions. Ordinance read once and held for final passage as per charter provisions 9-0 Vote #53 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request to sign application Federal Heights affordable housing units 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 the same is hereby authorized to sign the attached application and regulatory agreement relative to the Federal Heights project at 48 Federal Street. Order read once and adopted 9-0 Vote #54 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request to sign application Montserrat Condominiums affordable housing units 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 the same is hereby authorized to sign the attached application and regulatory agreement relative to the Montserrat Condominiums project at 40 Heather Street. Order read once and adopted 9-0 Vote #58 The Committee on Legal Affairs to whom was referred the matter of Application Hawkers & Peddlers License Jeanne Pagliarulo 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 #61 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance Clean Energy Advisory Committee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and eight An Ordinance Amending an ordinance entitled Article 3 Administrative Organization Section 3-236 Be it ordained by the city council of the City of Beverly as follows, to wit: ADD: section 3-236 Clean Energy Advisory Committee (a) Establishment: Composition: Term of Office, Vacancies. There is, hereby established the Clean Energy Advisory Committee consisting of seven (7) members, three of whom shall be appointed by the Mayor and four of whom shall be appointed by the City Council. The Clean Energy Committee shall also consist of there (3) ex officio advisors having no voting authority and shall include the Commissioner of Public Services or his/her 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8 designee, the Director of Building and Grounds or his/her designee and the Wiring Inspector or his/her designee. Each of the appointees preferably shall have demonstrated interest in the field of clean energy. All appointments shall be for a term not to exceed three years. All appointment shall be subject to review by the City Council. (b) Authorities and Responsibilities 1 The clean Energy Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the citizens of Beverly relative to any and all matters concerning the conservation of energy. It shall facilitate the adoption of renewable energy sources and practices. 2 A majority of the appointed members presently named and serving on the committee shall constitute a quorum, and no meeting shall be continued without a quorum present. A majority of the members presently named and serving on the committee shall be necessary for the approval or disapproval of any recommendation. 3 The Committee shall adopt rules and regulations for keeping accurate minutes of their meetings. 4 The committee shall appear before the City Council in the months of March and October and present a verbal written annual report. 5 The Clean Energy Advisory committee's functions shall include, but are not limited to the following: i. Assist in developing a comprehensive city energy policy for current and future use. ii. Identify funding sources and resources that could be used to implement energy programs designed to conserve energy. iii. Facilitate the adoption of energy conservation in public buildings, vehicles and equipment. iv. Research and provide information regarding municipal strategies related to energy efficiency and sustainable development. v. Educate the public in matters of clean energy Ordinance read once and held for final passage as per charter provisions 9-0 Vote Unfinished Business: #41 Ordinance MV & T Stop Signs Denial of stop signs in area of Matthies, Sturtevant & Pearson This ordinance held from meeting of March 3, 2008 by Councilor Burke Refer back to Committee on Legal Affairs Motions and Orders: #78 By Councilors Troubetaris and Coughlin, Burke Ordered: That a comprehensive traffic study be performed by the Traffic Commission and the Beverly Police Department in the "Shingleville" section of Beverly to include Sturtevant St., Matthies St., Echo Ave. Conway St., Pearson St., Goodyear St. in order to bring to a resolve the existing and/or future traffic problems. The objective of this study is to place signage in the most effective way to benefit the entire area Included that the Bay State Engineering Study be used. Refer to Legal Affairs Meeting adjourned: 7:55 PM Frances A. Macdonald, CMC City Clerk 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f8 8/24/2009