2013-10-01Special Meeting
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Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Monday, October 07, 2013 1:47 PM
To: pguanci @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov; wslate @beverlyma.gov;
mtroubetaris @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle;
minutes @beverlyma.gov
Subject: Special Meeting 10- 1- 13.doc
Special Meeting
Beverly City Council 7:00 PM October 1, 2013
Roll Call: Councilors P. Guanci D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr.,
Maureen Troubetaris, Brett Schetzsle, Jason Silva.
Pledge of Allegiance to the Flag: Councilor Dullea
Acceptance of Minutes:
Public Speakers: -
Public Hearings:
Presentations, Awards and Memorials:
#163 Call for a Special Meeting
Communications from His Honor the Mayor:
Communications from other City Officers and Boards:
#128 -A
September 25, 2013
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: CITY COUNCIL ORDER #128: PROPOSED AMENDMENT TO CITY OF BEVERLY ZONING
MAP TO REZONE APPROXIMATELY 2.5 ACRES OF STATE -OWNED LAND ON BRIMBAL
AVENUE FROM IR TO IR OVERLAY
Dear Honorable Council:
The Beverly Planning Board ( "the Board ") heard testimony on the above - referenced zoning proposal at public
hearings conducted on September 3, 2013, September 16, 2013 and September 19, 2013. A copy of the Order is
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Special Meeting
attached for your reference.
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After closing the public hearing on September 19, 2013, the Board conducted a special meeting at which it voted
unanimously (9 -0) to recommend that the Order be adopted as proposed.
Respectfully,
Richard Dinkin
Chairman
Refer to Legal Affairs
Communications, Applications and Petitions:
Reports from Committees:
#134
The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of
Communication from the Mayor re: Power Purchase Agreement — Pilot Agreement (City & Cabot Beverly LLC. 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 authorize the Mayor to execute the following documents in regards to the
development of a 2.6 megawatts DC solar field located at 3 Cailin Road, Beverly.
1. Off -site Net Metering Credit Purchase Agreement By and Between the City and Cabot Beverly, LLC
2. Agreement for Payment in Lieu of Taxes between the City and Cabot Beverly, LLC
Order read once and adopted 7 -2 Vote Councilors Martin and Schetzsle against
Motion made for reconsideration Councilor Slate
Motion failed 0 -9
#158
The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of
Request from WAM General Contractors to close a section of sidewalk at the rear of 364 Rantoul St. on Park St. for the purpose of
constructing a retaining wall have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the request
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Order read once and adopted 9 -0 Vote
#134
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of
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Communication from the Mayor re: Power Purchase Agreement — Pilot Agreement (City & Cabot Beverly LLC. 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 authorize the Mayor to execute the following documents in regards to the
development of a 2.6 megawatts DC solar field located at 3 Cailin Road, Beverly.
3. Off -site Net Metering Credit Purchase Agreement By and Between the City and Cabot Beverly, LLC
4. Agreement for Payment in Lieu of Taxes between the City and Cabot Beverly, LLC
Order read once and adopted 7 -2 Vote Councilors Martin and Schetzsle against
Motion made for reconsideration Councilor Slate
Motion failed 0 -9
#154
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for right of first refusal 36 Dunham
Road Unit 104 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 authorize the Mayor to execute the attached document relative to the waiver of right of
first refusal for Unit #104 Dunham Road Condominium @ 36 Dunham Road, Beverly, MA.
Order read once and adopted 9 -0 Vote
#158
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of
Request from WAM General Contractors to close a section of sidewalk at the rear of 364 Rantoul St. on Park St. for the purpose of
constructing a retaining wall have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the request
Order read once and adopted 9 -0 Vote
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Motions and Orders:
Order # 160 Late File
ORDERED:
That the Engineering Department of the City of Beverly be authorized and directed to waive any
surcharges that might otherwise apply under the Engineering Department's Rules and
Regulations for the Opening of Streets & Sidewalks concerning 86 Bisson Street in connection
the installation of a gas line connection at that location. A Memo of support for this Order
from the City Engineer Eric Barber is attached. In brief, the homeowners of 86 Bisson Street
experienced a one - time -only procedural event during the period when the Engineering
Department was implementing its mandatory surcharge rules. Through no fault of the
homeowners, when taking out a bank loan for a gas line hook -up they relied to their financial
detriment on Engineering Department rules and procedures in effect prior to the department' s
adoption and implementation of the mandatory surcharge rules. The requested waiver will cure
what effectively would be a retroactively imposed surcharge.
Respectively Submitted,
Scott Houseman
City Councilor, Ward 4
Refer to Legal Affairs
Unfinished Business:
Final Passage:
Meeting Adjourned 7:07 PM
Attest: Kathleen P. Connolly, CIVIC
City Clerk
10/9/2013