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2006-02-06 Regular Meeting of Beverly City Council 7:00 PM February 6, 2006 Roll Call : Councilors Present: John J. Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, , Maureen Troubetaris, Paul Guanci CouncilorTroubetaris arrived at 7:20 PM Pledge of Allegiance to the Flag : Led by Councilor Coughlin Appointments Public Hearings: #5 7:02 PM National Grid-Relocation of Pole-McKay St. Refer to Public Services #18 7:05 PM National Grid-Conduit at Hand Hold 30 Rantoul and Federal Sts. Refer to Public Services #19 7:12 PM National Grid-Conduit in Court Street Refer to Public Services #14 7:45 PM Loan Order-Beverly High School Refer to Finance and Property Communications from His Honor the Mayor : #22 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council vote to authorize the Mayor and City Council President to sign the attached Statement of Interest Certification to be submitted with the completed Statement of Interest Form to the Massachusetts School Building Authority for the Beverly High School. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #23 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Planning Board: Ellen Flannery Eve Geller-Duffy 30 Conant Street 15 Auburn Road Jason Silva Charles Harris 2 Dane Street 9 Ober Street Their terms to be effective until December 31, 2008. 12 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #24 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Zoning Board of Appeal: Scott Houseman Margaret O’Brien 27 Appleton Avenue 9 Willow Street Term effective until January 31, 2010 Term effective until January 31, 2009 Scott Ferguson 2 Palmer Road Term effective until January 31, 2009 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #25 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as alternate members of the Zoning Board of Appeal: Jane Brusca 11 Greenwood Avenue Term effective until October 1, 2007 Joel Margolis 1 Worthington Green Term effective until October 1, 2008 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #26 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information, the reappointment of Mr. Shon Baldini, 4 Peabody Avenue, Danvers, MA 01923 to serve as the Mayor’s Appointee to the Board of Directors of Beverly Community Access Media (BevCam). Very truly yours, William F. Scanlon, Jr., Mayor 13 Receive and Place on File #27 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as a member of the Board of Health: Frank S. Carbone, Jr., MD 550 Cabot Street Beverly, MA 01915 His term will be effective until December 31, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #28 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as a member of the Commission on Disabilities: Norman Ganley 10 Stone Street His term will be effective until November 1, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #29 February 6, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as a member of the Cable TV Commission: William Ambrefe 56 Water Street Term to be effective until January 31, 2008 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs 14 Communications from other City Officers and Boards #10 January 25, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: CITY COUNCIL ORDER #10: RECOMMENDATION FROM PLANNING BOARD REGARDING JOINT PUBLIC HEARING Dear Members of the Council: At its meeting on Tuesday, January 24, 2006, members of the Planning Board voted unanimously to recommend to the City Council that a Joint Public Hearing be conducted on the above-referenced Order. If you have any questions regarding the Board’s vote, please do not hesitate to contact City Planner Tina Cassidy in the Planning Department. Respectfully, Richard Dinkin, Chairperson Refer to Legal Affairs #30 January 25, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: PROPOSED ZONING AMENDMENT TO THE DEFINITION OF “SUBSIDIZED ELDERLY HOUSING” Dear Members of the Council: At a meeting of the Beverly Planning Board held on Tuesday, January 24, 2006, members of the Board discussed the recently adopted definition of “subsidized elderly housing”. At the conclusion of the discussion, members of the Board voted unanimously to submit the attached proposed zoning amendment to the City Council for consideration. The amendment would increase the minimum age threshold for “subsidized elderly housing” uses from 55 to 62. Please inform the Board (via the Planning Department) of the date of the Joint Public Hearing at which this matter will be heard. If you have any questions regarding the Board’s vote, please do not hesitate to contact City Planner Tina Cassidy. Respectfully, Richard Dinkin, Chairperson Refer to Legal Affairs #31 January 25, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: PROPOSED AMENDMENTS TO THE “CC” (CENTRAL COMMERCIAL) ZONING DISTRICT Dear Members of the Council: At its meeting on Tuesday, January 24, 2006, members of the Planning Board considered the attached proposed zoning amendment and voted unanimously to submit it to the Council for consideration. 15 The amendment would insert building and dimensional requirements for certain mixed use properties in the “CC” zoning district, and add a provision authorizing the Planning Board to permit increased height limits in certain circumstances by special permit. Please inform the Board (via the Planning Department) of the date of the Joint Public Hearing at which this matter will be heard. If you have any questions regarding the Board’s vote, please do not hesitate to contact City Planner Tina Cassidy. Respectfully, Richard Dinkin, Chairperson Refer to Legal Affairs Communications, Applications and Petitions: #32 Application Taxi License-Cab Express Refer to Legal Affairs #33 Comm. From BevCam re public access to recordings of City Council Meetings Refer to Finance and Property #34 Application Class II MVDL Edith Spagnuolo d/b/a Beverly Auto Top and Upholstery Refer to Legal Affairs Reports from Committees: #14 The Committee on Finance and Property to whom was referred the matter of an amended Loan Order for Beverly High School 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 of Mayor Scanlon relative to the enclosed amended loan order in the amount of $65,000,000 relative to construction at Beverly High School Ordered: that $65,000,000 is appropriated for constructing, equipping and furnishing a new high school, including the cost of architectural services for plans and specifications related thereto; that to meet this appropriation $1,000,000 shall be transferred from the unspent proceeds of the City’s Municipal Purpose Loan of 2003 Bonds dated November 1, 2003, which unspent proceeds relate to the $11,437,000 portion of such bonds issued under G.L. c.70B and Order No. 241 of the City Council approved on June 19, 2002, and 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 $64,000,000 under Chapter 44 of the General Laws, Chapter 70B of the General Laws or any other enabling authority;; that the Treasurer is authorized to file an application 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 may be required for these purposes; and that any bonds or notes issued pursuant to this order 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: January 17, 2006 Public Hearing: February 6, 2006 Final Passage: February 6, 2006 Order read once and adopted on Roll Call Vote 7-2 Vote Councilors Burke and Martin Voted Against 16 #10 The Committee on Legal Affairs to whom was referred the matter of Ordinance Zoning Sec. 29-2.42 Setback 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 hold a Joint Public Hearing on Monday, March 6, 2006 at 7:15 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a Zoning Ordinance, Section 29-2.42 Setback Order read once and adopted 9-0 Vote #30 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning “Subsidized Elderly Housing” 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 hold a Joint Public Hearing on Monday March 6, 2006 at 7:30 PM in Council Chambers, Third Floor, 191 Cabot St. Beverly, MA relative to a proposed zoning amendment relative to Subsidized Elderly Housing . Order read once and adopted 9-0 Vote #31 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning relative to “CC” (Central Commercial) Zoning District 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 hold a Joint Public Hearing on Monday, March 6, 2006 at 7:45 PM relative to an amendment to “CC” (Central Commercial) Zoning District. Order read once and adopted 9-0 Vote #9 The Committee on Public Services to whom was referred the matter of Request to have period lighting installed on Lothrop Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Recommend letter be sent to National Grid Order read once and adopted 9-0 Vote #18 The Committee on Public Services to whom was referred the matter of Petition of National Grid for underground conduit at Hand Hold #30 Rantoul Street at Federal Street 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 #19 The Committee on Public Services to whom was referred the matter of Petition of National Grid for installation of conduit encased in concrete in Court St. 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 17 #22 The Committee of the Whole to whom was referred the matter of Statement of Interest Certification 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 authorize the Mayor and the City Council president sign the attached Statement of Interest Form to the Mass School Building Authority for the Beverly High School. Order read once and adopted 9-0 Vote Unfinished Business: #12 Ordinance Article IV Junk and Second Hand Dealers Resolutions: Motions and Orders: #35 By Councilors Flaherty and Gooding: Ordered: That the Director of Planning and Development be invited to appear before the Committee of the Whole to report on the status of the implementation of the recommendations contained in the City of Beverly Master Plan with respect to the comprehensive rezoning of the downtown and waterfront districts. Refer to Legal Affairs #36 By Councilor Coughlin: Ordered: That the School Committee and the City Council jointly rename the Solar Now alternative power source a the High School as the “John Coleman Solar Now” project in honor of John Coleman, former School Chairman, who recently died. F & P And School Committee Refer to Finance and Property and Beverly School Committee 9-0 Vote Meeting adjourned: 11:30 PM Frances A. Macdonald, CMC City Clerk 18