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2005-03-07 7:00 PM Open Meeting Law Seminar 7:50 PM #47 Public Hearing Appropriation Chubbs Brook Drainage Project ($650,000) Refer to Finance and Property Regular Meeting of Beverly City Council 8:00 PM March 7, 2005 Roll Call : Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci . Pledge of Allegiance to the Flag : Led by Councilor Hobin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of February 22 2005 Communications from His Honor the Mayor : #61 March 7, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In my role as Chief Procurement Officer, I hereby request that your Honorable Council approve the 5-year lease purchase of two school buses as described in the attached letter from Thatcher Kezer, Purchasing Director. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #62 March 7, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. John E. (Jack) Vickery, 9 Victor Avenue, Beverly, MA 01915, to serve as a member of the Commission on Disabilities. He will replace Ms. Kathy Tracy who resigned and his term will be effective until November 1, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #63 March 7, 2005 The Honorable City Council City Hall, 191 Cabot Street Beverly, Massachusetts 01915 Dear Honorable Council: I hereby submit a communication from the Beverly Airport Commission for your consideration. The communication declares five (5) parcels of airport land near Henderson Road and Sam Fonzo Drive to be surplus to the Commission’s 31 needs. I respectfully request that your honorable Council declare these parcels surplus to the City’s needs so that they can in turn be leased or sold through a Request for Proposals (RFP) process. All five parcels are zoned “IR”, and as such are zoned for light industrial uses. Three have frontage on Sam Fonzo Drive, a road expressly built five years ago to broaden the City’s tax base. Two parcels have frontage on L.P. Henderson Road. The parcels range in size from 3 – 10.5 acres. One parcel (the largest) would be offered for sale, a second one offered for lease (see below), and the remainder offered for either sale or lease. Uses allowed by current zoning include office space, manufacturing, scientific laboratories, and craftsmen’s shops. Other uses, such as commercial recreation and warehouses, are allowed by special permit. One of the parcels on Henderson Road would be earmarked as a location for a skating facility and offered on a long- term lease basis. We have had several expressions of interest from parties interested in building such a facility, and it is our intent to explore that option. If a worthwhile proposal is received for a skating facility, we would return to the Council for approval of the lease, since any lease with a term of more than five years requires Council review and approval under the provisions of Massachusetts General Laws Chapter 30B. The revenue to be realized from the sale, lease, and subsequent development of these five parcels will bring badly needed new revenues to the City. It will also create new jobs and turn unproductive land into productive use for the benefit of the entire community. I look forward to a more detailed discussion of this request at your earliest convenience. Respectfully, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from other City Officers and Boards #64 March 1, 2005 Beverly City Council 191 Cabot St. Beverly, MA 01915 RE: Mass. General Laws, CH. 48, Secs. 59B, 59C, 59D Dear Honorable City Council I respectfully request that the City of Beverly adopt M. G. L. Chapter 48, Sections 58B, 59C, and 59D relative to the establishment of a Reserve List of Firefighters for the Beverly Fire Department. My intention for establishing this reserve list is strictly for the purpose of a more efficient manner in which to appoint permanent firefighters in the future. Currently it takes four to six months to complete all the testing, interviews and background check on potential candidates. By establishing a reserve list, this lengthy process will be completed wee in advance of their appointment as a permanent firefighter. Appointments to the reserve list are made in the same manner as appointments to the permanent force. These reserve appointment would be made at no additional cost to the City. Other nearby communities that have adopted this Law include, Salem Peabody and Swampscott. Attached you will find a copy of M. G. L. Ch. 48, Sections 59B, 59C, and 59D. Respectfully yours, Richard F. Pierce, Fire Chief Refer to Legal Affairs #36 March 4, 2005 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA 01915 Dear Ms. Macdonald RE Rezoning of 29 Rantoul and 8 School St. from FHD to CC 32 At a meeting of the Beverly Planning Board, held on Thursday, March 3, 2005, members of the Planning Board voted unanimously to recommend to the City Council that a Joint Public Hearing between the Board and the Council be held on the above-referenced matter. Please feel free to contact Assistant Planning Director Leah Zambernardi if you have any questions about the Planning Board’s vote. Respectfully, Richard Dinkin, Chairperson Referred to Legal Affairs #26 Honorable City Council 191 Cabot St. Beverly, MA 01915 RE: Open Space Residential Design Site Plan Ordinance Dear Members of the Council: The Planning Board Received public comment during the joint public hearings with the City Council on December 6, 2004, and January 4, 2005, on the above-r4referenced proposal to delete Section 29-23.B “Reduction of Lit Requirements for ‘Cluster’ Residential Subdivisions” and replace it with the “Open Space Residential Design (OSRD) Site Plan” Ordinance. The Board closed the public hearing at their March 3, 2005 meeting. Following the discussion, members of the Planning Board voted (5-1) to recommend to the City Council that Council Order #26 BE ADOPTED so long as the following changes and clarifications are incorporated: That the Ordinance remain mandatory; 1. That the Ordinance shall not apply to the R-6, RHD, or RMD Zoning Districts (Section II.2): 2. That language be incorporated, which required that during the Pre-Application Process (Section III.), abutters and abutters to abutters are notified of the pre-application review at least 7 days in advance of the 3. That density bonuses (Section VII.) are allowed only at the discretion of the Planning Board; 4. That the descriptions for “Undisturbed Areas” [Section VI.3(b) (vii) and “Open Space” (Section VIII.1) are combined: 5. That the language in Section VIII.2.© requiring that an applicant “post a cash bond to secure the maintenance of the open space in the initial amount of $10,000 per dwelling unit within the tract” be amended to require that, at the Planning Board’s discretion, the applicant post a cash bond to secure maintenance or enforcement of the open space of up to $25,000 per project. 6. That language be incorporated, which clarifies that the Planning Board may allow reductions in road dimensions and grant other such waivers of the Planning Board’s Subdivision Rules and Regulations, in its discretion Sincerely, Richard Dinkin, Chairperson Refer to Legal Affairs Communications, Applications and Petitions: #65 Communication from National Grid relative to Vitale Fly Ash Consolidation and Habitat Restoration Project for Beverly and Wenham, Massachusetts Refer to Public Services #66 Unsigned request from Front Street Condo Trust II owners to be removed from “Fish Flake Hill Historic District. Refer to Legal Affairs Copy to Historic District Commission #67 Late File Claim-Richard Lloyd-Car hit by city vehicle 33 Receive and Place on File Refer to City Solicitor Reports from Committees: #47 The Committee on Finance and Property to whom was referred the matter of appropriation for Chubbs Brook Drainage Project 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 approve the request to amend the original appropriation for the Chubbs Brook Drainage Project to read that Order No. 104 passed by the City Council on May 19, 2003 is hereby amended to read as follows: “Ordered: that $2,550,000 is appropriated for the purpose of financing the construction of sewer and the laying and relaying of water mains in the Hale and West Streets area of the City, including without limitation all costs thereof as defined in Section 1 of Chapter 29C of the General Laws; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $2,550,000 and issue bonds or notes therefore under G.L. c.44 and/or Chapter 29C of the General Laws; that such bonds or notes shall be general obligations of the City unless the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property determines that they should be issued as limited obligations and may be secured by local system revenues as defined in Section 1 of Chapter 29C; that the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow all or a portion of such amount from the Massachusetts Water Pollution Abatement Trust established pursuant to Chapter 29C and in connection therewith to enter into a loan agreement and/or a security agreement with the Trust and otherwise to contract with the Trust and the Department of Environmental Protection with respect to such loan and for any federal or state aid available for the project or for the financing thereof; that the Mayor is authorized to enter into a project regulatory agreement with the Department of Environmental Protection, to expend all funds available for the project and to take any other action necessary to carry out the project; that the Treasurer is authorized to file an application with the Municipal Finance Oversight Board to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as the Municipal Finance Oversight Board may require for these purposes; and that all bonds and notes issued hereunder shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property. First Passage: Feb. 22, 2005 Public Hearing: March 7, 2005 Final Passage: March 7, 2005 Order read once and adopted 9-0 Vote #36 The Committee on Legal Affairs to whom was referred the matter of request for zoning change Goldberg Properties 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 and the Planning Board will hold a Joint Public Hearing on Monday, April 4, 2005 at 7:00 PM in Council Chambers, Third Floor City Hall, 191 Cabot Street, Beverly, MA relative to a request of Goldberg Properties for the following zoning change: 1. 29 Rantoul Street, Beverly, Map 005 Lot 008 from RHD to CC 2. 8 School Street, Beverly, Map 005 Lot 007 from RHD to CC Order read once and adopted 9-0 Vote #48 The Committee on Public Services to whom was referred the matter of reappointment to serve as Trustees of the David S. Lynch Public Parks Fund of Rosalie Kerr and Robert Richardson have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments Order read once and adopted 9-0 Vote #49 The Committee on Public Services to whom was referred the matter of appointment to Beverly harbor Management Authority of Paul Miedzionoski have considered said matter and beg leave to report as follows, to wit: 34 Recommend the Council approve the Appointment Order read once and adopted 9-0 Vote #50 The Committee on Public Services to whom was referred the matter of reappointment to Beverly Commission on Disabilities of Elise Bernstein 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 #60 The Committee on Public Services to whom was referred the matter of request for tree removal at 7 Echo Ave. 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: #44 Ordinance re Parking and Traffic Commission Resolutions: Motions and Orders: #68 By Councilor Coughlin: Ordered: That the Chief of Police appear before the City Council to discuss the recently completed study of the Beverly Police Dept. Refer to Committee of the Whole #69 By Councilor Costa: Ordered: That all city vehicles including Fire, Police, D.P.S. be stored overnight in their respective garages and that employees from now on commute to their work stations via their own transportation vehicles . Refer to Committee of the Whole #70 By Councilor Coughlin: Ordered: That the City Council pass an ordinance requiring the City Engineer to appear on a quarterly basis before the City Council to discuss all projects having a cost overrun potential as part of his/her job description. Refer to Committee of the Whole Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC City Clerk 35