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2001-01-027:15 PM Committee of the Whole-Executive Session Beverly Golf & Tennis Club 7:58 PM Public Hearing Keyspan Energy for installation of gas main in Balch St. Referred to Public Service and Aid MEETING OF BEVERLY CITY COUNCIL JANUARY 2, 2001 Roll Call: Councilors present: Costa, Guanci, Martin, McGlynn, McMahon, Smith, Troubetaris, Flaherty, and Murray Pledge of Allegiance to the Flag: Led by Councilor McMahon Appointments: Acceptance of Minutes of Previous Meeting: Meeting of December 18, 2000 Communications from His Honor the Mayor: #1 January 2, 2001 Honorable City Council City Hall Bevedy, MA 01915 Dear Honorable Council: I am in the process of preparing a Mid-term Report discussing the activities of the past year. I would appreciate the opportunity to present this report at your next Council meeting on January 16. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File Communications from other City Officers and Boards Communications, Applications and Petitions #2 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Earlier this year, pursuant to Section 8-1 of the Beverly Home Rule Charter, your Honorable Council appointed a committee to review the said Charter. In furtherance of its responsibility, that committee, (hereinafter the Charter Review Committee), has met eighteen times between March and this month. Minutes of those meeting accompany this document, except for the last two meetings which are being prepared. We have carefully read through the entire Charter, highlighting those works that we believe needed to be further considered for possible alteration. In many instances we have agreed upon changes that we deem to be necessary or desirable. In general, we believe that the recommended changes are to improve the clarity of the Charter's intent, rather than to make any substantive change to the Charter. Accompanying this letter, please find recommendations for changes to Articles 1, 2, 4 and 7 of the Charter. The format of the recommendations is that words which we recommend be deleted are shown with a strikethrough (thus); words which we recommend be inserted are underlined(thus). Where we recommend longer portions of text be changed, new text alone is shown. The Committee recommends that no changes be made to Article 9. With respect to Articles 3, 5, 6 and 8, the Charter Review Committee believes changes are needed, but has not settled upon what changes to recommend. We note, that, while Article 8-1 requires the existence of a Charter Review Committee this year, there is nothing in the Charter that precludes the existence of such a committee at other times. Therefore, if it should please the Council, the Charter Review Committee is prepared to continue its work into the New Year. We estimate that we could complete our deliberations by April 1. Of course, both as a Committee and as individuals, we stand ready to assist the Council or other parts of the City Government with regard to the Charter in whatever way may be useful. Respectfully submitted, The Charter Review Committee Crystal Atherton Virginia McGlynn Charles F. Grimes Toni Musante Paul Guanci Maureen Troubetaris Marshall Handly Referred to Legal Affairs and Accounts #3 Petition of Massachusetts Electric for installation of underground conduit and cable in Hale Street Referred to Public Service and Aid Communication from Massachusetts Department of Revenue re Implementation of the community Preservation Act Finance Provisions Receive and Place on file Reports from Commiltees: #3 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric 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 heating on Tuesday, January 16, 2001 at 7:58 PM in Council Chambers, at 191 Cabot Street, Beverly, MA relative to a Petition of Massachusetts Electric Company for installation of an underground conduit and cable in Hale Street Order read once and adopted 9-0 Vote The Committee on The Whole to whom was referred the matter of Public Safety Fadlity have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the city council authorize the Mayor to execute the following documents 1. Waive the current options on the "Option Parcel" 2. Take reconfigured parcel by eminent domain (thus perfecting the City's title to the parcel} 3. Waive the no-build restriction over the City's sewer easements through the "Option Parcel'.' (any building to be subject to the approval of the City Engineer} Order read once and adopted 9-0 Vote Resolutions: Unfinished Business: Motions and Orders: #6 By Councilor Martin: Ordered: That city-owned property (formerly part of the Wyner Estate), Map #68, lots #134 and 134F, be rezoned from R-1O to the Municipal Open Space and Recreation District. There are two major reasons why I am requesting this action. First, this property located at the end of Brimbal Hill Drive and Colonial Road abuts the city-owned land near Norwood Pond. In June of 1999, the City rezoned all city-owned land surrounding Norwood Pond as a Municipal Open Space and Recreation District. It is my priority to preserve as much of the surrounding area as possible for open space and passive or recreational uses. Second, residents in the surrounding neighborhood have expressed concerns about potential drainage problems should this land be developed in the future and the impact any development might have on their property values. I want to assure them that the City will take the appropriate action to address these concerns. By Councilor: Donald G. Martin Ward Five Referred to Legal Affairs and Accounts #7 By Councilor Guanci: Ordered: That the Director of Purchasing, Christopher Bradley, address the City Council either in the appropriate committee or in front of the entire Council to explain Massachusetts General Law, Chapter 30. It is to my understanding that all contracts go through Mr. Bradley's office and in the past the City of Beverly has come under scrutiny for not following the proper procedures outlined in MGL Chapter 30. Just a few examples include the Beverly Golf and Tennis dispute, the recent misunderstanding about the new assessor's program and the awarding of the Water Meter Installation contract. A thorough explanation of Chapter 30 would give the entire Council a better understanding to who is responsible for awarded contracts in the City of Beverly. By: Councilor: Paul M. Guanci Councilor at Large Referred to Committee of the Whole Meeting adjourned: 9:12 PM Frances A. Macdonald, CMC City Clerk