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2010-05-17 Regular Meeting Beverly City Council 7:00 PM May 17, 2010 Roll Call: Councilors Present:, Judith A. Cronin, Patricia A. Grimes, Paul M. Guanci, Kevin Hobin, James F. Latter, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Michael P. Cahill Pledge of Allegiance to the Flag: Led by Councilor Troubetaris Public Hearings and Public Speakers: 7:05 PM Mayor Scanlon 7:10 PM Fred Hopps, Clean Energy 7:20 PM Representative Mary Grant 7:15 PM Public Hearing Appropriation to account Veterans & Police $200,000 Refer to Finance and Property Acceptance of Minutes: Meeting of May 3,2010 Presentations, Awards and Memorials: #102 Eagle Scout Matthew J. Rennie Appointments: Communications from His Honor the Mayor: Communications from Other City Officers and Boards: #103 Beverly City Council 191 Cabot St. Beverly, Ma 01915 Dear Council Members, The Beverly Police Department is in the process of applying for the federally funded Edward Byrne Memorial Justice Grant (JAG) Program. The JAG funds will be used to sustain "Beverly's Crime Prevention Partnership". The Beverly Police Departments Goals for this grant-funded project will be to attain a reduction in crime by enhancement and implementation of proven Beverly Police Crime Prevention Strategies: 1. 1. Citizens Advisory Council- Monthly meetings will be held to examine and monitor current and proposed police programs with the main priorities of reducing crime and the fear of crime. 2. 2. Citizens Police Academy- The Academy is to educate Beverly citizens about the internal workings of the police department. This program will be supervised by a lieutenant, and involve Officers from different divisions within the department. There will be two twelve-week sessions. 3. 3. Safer Streets/Traffic- Officers wi II present traffic safety and awareness programs, Officers will also conduct hot spot traffic enforcement. 4. 4. Bike Patrol- The Bike Patrol Units will focus in assisting the public by: Crime prevention, deterrent patrol checks, and special event assistance. 5. 5. Alcohol A wareness/Enforcement- This program will educate area students on the effects of alcohol and its consequences when operating a motor vehicle while impaired. Assignment will be based on citizen concerns and input as well as current data analysis. Coordination: Beverly Police Operations Division with continued support of the crime analysis unit will coordinate the aforementioned crime prevention programs. Thank you in advance Mark Ray, Chief of Police Refer Receive and Place on File #104 Michael P. Cahill, President Beverly City Council City Hall, 191 Cabot Street Beverly, MA 01915 May 10, 2010 Dear President Cahill and Members of the Council, At its April 5, 2010 meting, the Open Space and Recreation Committee discussed and considered the City's proposed change of use for Carratu Park. As the Committee charged with preserving and expanding Beverly's open space and recreational opportunities, we are saddened that the City sees the need to eliminate or drastically reduce the size of Carratu Park in order to build a bus maintenance barn and storage area for City busses and equipment. Carratu Park is an important green space and recreational area in the midst of a high-density neighborhood and should be retained to the greatest extent possible. We do respect Commissioner Mike Collins' judgment and acknowledge the advantage of locating the maintenance barn in an area where there is other similar City facilities and activities. However, we request that the City carefully review other alternatives before eliminating park and recreational facilities in a neighborhood that has few such amenities. Our Committee would be happy to work with the City to help in this assessment. We also recognize the need to move equipment from the Lynch Park Carriage house to another location, but would hope that an alternate location could be found. One suggestion is that the City could consider a land swap or purchase in order to build a storage facility for busses and equipment in the industrial area off Otis Road near route 128. We appreciate Bruce Doig's argument that the two additional playing fields at the high school, even though they are not in the same neighborhood, may be able to meet the needs of the teams that currently use Carratu Park. We do point out, however, that this green space should be maintained as a park for the immediate neighbors as many families with young children utilize the whole park for a variety of freeform outdoor recreation activities that is located close to their homes. We advocate for a neighborhood pocket park with a play area, existing bocce court, and park benches. The Committee appreciates your consideration of its comments and recommendations and is hopeful that an alternative can be identified that avoids impact to this important neighborhood park. For the Committee, Elizabeth Dunne Refer to Finance and Property #105 May 13, 2010 Michael Cahill, President Beverly City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: Conservation Restriction and Limited Public Access Easement, Manor Homes at Whitehall, Manor Homes Development, LLC Dear President Cahill and Members of the Council, On behalf of the Conservation Commission, I am pleased to hereby present for your review and approval a draft Conservation Restriction and Limited Public Access Easement, Plan and attached Municipal Certification. These documents govern certain parcels of land located within the Chapman's Corner Estates Cluster Subdivision (now referred to as Manor Homes at Whitehall) located off of Boyles Street in Beverly. As you may be aware, the Conservation Commission issued an Amended Order of Conditions approving a settlement subdivision roadway plan in August of 2009 for this project. Special Condition # 18 of that Order required that the 5.9- acre open space parcel (Conservation Area # 1) and several parcels containing "no cut zones" (Conservation Area #2) be subject to a conservation restriction to be held jointly by the Conservation Commission and the Beverly Conservation Land Trust. Through many months of negotiation, the developer, the Commission and the Land Trust have drafted this restriction and access easement; we are happy to report that the resultant document meets the approval of all of the negotiating parties. This restriction will protect, in perpetuity, over 9 acres of land. Conservation Area # 1, just under 6 acres in size, consists of an undisturbed mixed deciduous and coniferous forest, a certified vernal pool and associated bordering vegetated wetland. Conservation Area # 2 consists of "no-cut zones" associated with several of the residential lots in the subdivision, which will serve as undisturbed wooded buffer areas to surrounding existing neighborhoods and provide additional contiguous wildlife habitat to Conservation Area # 1. Section II of this document fully details the purpose of the restriction, citing many environmental and public benefits that will be protected and enhanced through the perpetual protection of this land. Its proximity to Cove Elementary School also presents a perfect opportunity for outdoor science curriculum for the school. The Commission believes that preserving this area as protected open space will serve to benefit the surrounding neighborhood and the City for many years to come. We hope that the Council will look favorably upon this Conservation Restriction and Limited Public Access Easement. The Commission is happy to answer any of the Council's questions or address any concerns it may have. Please do not hesitate to contact me in the Planning Department, as I am available to assist your review in any way. Thank you for your time and consideration in this matter. Sincerely, Amy R. Maxner Refer to Leqal Affairs Communications, Applications and Petitions: #106 - Application Hawkers & Peddlers License-John M. Phelps - Refer to Leqal Affairs #107 Alexander & Femino on behalf of J DeCourcy and T. Foley for the discontinuance of a portion of Old Rubbly Way Refer to Leqal Affairs #108 TEC Associates Massachusetts Bay Commuter Railroad's 2010 Vegetation Control Program - Receive and Place on File #109 - National Grid Annual Return Massachusetts Electric Co. Receive and Place on File #110 Request transfer of 1886 house Lodging House License to North Shore Veterans Counseling Services, Inc. Refer to Leqal Affairs #111 Mass Dept of Environmental protection Transmittal Form for Permit application Thomas Barrowclough, 42 South Terrace Receive and Place on File Reports from Committees: #83 The Committee on Finance and Property/ Committee of the Whole to whom was referred the matter of Bootstraps request to expand gardens 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 grant the request of Beverly Bootstraps to expand its Community Garden on Cole Street with the following provisions: . The expansion be limited to the 14, "half-size" plots designated by "Section A" on Ms. Carmen Kruczynski's April 27, 2010 memo to the Finance and Property Committee. . The "Beverly Bootstraps Community Garden 2010 Rules and Regulations" be adhered to by all gardeners, with enforcement to be the responsibility of Beverly Bootstraps. Any infraction of the rules and regulations should be brought to the attention of the Executive Director of Beverly Bootstraps, with copies to the office of the Mayor of the City of Beverly, or his/her designee, and the Ward 6 City Councilor. . Any changes to the "Beverly Bootstraps Community Garden 2010 Rules and Regulations" must be approved by the City Council and the footnote on the rules is to be changed to reflect this. . The Parking and Traffic Commission will study the current access and egress points to the gardens with respect to traffic safety and report back to the City Council with any recommended changes. Order read once and adopted 9-0 Vote #92 The Committee on Finance and property / Committee of the whole to whom was referred the matter of Appropriation from Free Cash Veterans benefits and Superior Officers have considered said matter and beg leave to report as follow, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Mayor for an appropriation in the amount of $200,000 from Free Cash to cover expected expenditures in the Veteran's Benefits account a various police Superior Officers' accounts. Order read once and adopted 9-0 Vote #94 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of OSRD have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs Order read once and adopted 9-0 Vote #101 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Ordinance relative to Trash 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 of the City of Beverly hold a public hearing on Monday, June 7, 2020 at 7: 15 PM in Council Chambers, 3rd Floor, City Hall, 191 Cabot St., Beverly, MA relative to the enclose Ordinance relative to Trash Order read once and adopted #93 - The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Applications for Second Hand Junk Dealers License for 2010 have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Order read once and adopted 9-0 Vote #95 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Hawkers & Peddlers License, Donna Landry have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and 9-0 Vote #96 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Hawkers & Peddlers License, Michael Racioppi 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 #98 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Change of Ownership and application for 4 Taxi and 2 Livery Licenses 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 #99 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Application for Annual Auctioneers license Kaminski Auctioneers Frank Kaminski 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 #100 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Hawkers & Peddlers License Scott Przybycien have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted 9-0 Vote #101 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance relative to Trash 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 #68 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Trustee of David Lynch Public parks Fund representing Beverly Improvement Society Mary Lou Ferriero 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 #80 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Board of Registrars Dana Staples 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 #82 The Committee on Public Services / Committee of the Whole to whom was referred the matter of communication from residents re Old Rubbly Road development in Wenham 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 Unfinished Business: Motions and Orders: #112 By Councilor Cronin Ordered: That the Parking and Traffic Commission study the current access and egress points to the Bootstraps Community Gardens on Cole Street with respect to traffic safety and report back to the City Council with any recommended changes. Refer to Leqal Affairs and Parkinq and Traffic Commission Meeting Adjourned: 8:10 PM Attest: Frances A. Macdonald, CMC