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2006-05-06 Regular Meeting of Beverly City Council 7:00 PM May 15, 2006 Roll Call : Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, , Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Hobin Appointments: Public Hearings: Presentation: 7:03 PM Mary Rodrick 7:05 PM Youth Collaboration 7:15-7::35 PM Mike Collins re Storm 7:35 PM John Dunn-Finance Director re Debt Service 7:47 8:40 PM Mayor Scanlon-Financial Issues Acceptance of Minutes: Meetings of May 1, 2006 Communications from His Honor the Mayor : #114 May 15, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the appointment of Rev. Stephen C. Mott, Ph.D., 11 Miller Road, Beverly, MA 01915, to serve as the City of Beverly’s Representative to the Board of Directors of the North Shore Community Action Program. Very truly yours, William F. Scanlon, Jr., Mayor Recommend approval of the appointment #115 May 15, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Scott H. Carleton, 136 Leslie Road, Rowley, MA 01969, to serve as a Constable in the City of Beverly for the sole purpose of serving Civil Process. Attached is Mr. Carleton’s application which has been approved by Police Chief John Cassola. Mr. Carleton’s term will be effective until May 31, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #116 May 15, 2006 Honorable City Council City Hall Beverly, MA 01915 57 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Lease Agreement between the City of Beverly and Omnipoint Communications, Inc. Because the agreement is for a five-year term, Council approval is needed. I further request that your Honorable Board take action on this matter this evening. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #117 May 15, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Deborah Ploszay, 11 Beacon Street, Beverly, MA 01915 to serve as a member of the Parks and Recreation Commission. She will fill the vacancy left William Collins who has resigned and her term will be effective December 31, 2006 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #118 May 15, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: EDWARDS SCHOOL – AFFORDABLE HOUSING UNITS Dear Honorable Council: I hereby request City Council authorization to sign the attached application and regulatory agreement relative to the Edwards School. Members will recall that the City required that three of the 28 housing units in the Edwards School be set aside as affordable housing units. To comply with that requirement, Symes Development has prepared the attached Local Initiative Partnership (LIP) application and regulatory agreement for submission to the State’s Department of Housing and Community Development. The application/agreement package spells out the income and eligibility requirements for the affordable units, and calls for two of the three units to be set aside for occupancy by current Beverly residents or the child/children, parent, grandparent, or sibling of a current Beverly resident. The third unit, by law, is open to non-Beverly and Beverly residents alike who qualify under the income guidelines contained in the documents. Eventual approval of the LIP application and regulatory agreement by the State will guarantee the units will be counted toward Beverly’s Subsidized Housing Inventory in the future. Please feel free to contact City Planner Tina Cassidy if you have any questions relative to this request. Respectfully, William F. Scanlon, Jr., Mayor Refer to Legal Affairs 58 Communications from other City Officers and Boards #119 Communication from City Clerk for the Board of Registrars relative to a change in Polling Location for Ward Six Precinct One, from the St. John’s Church Location to the Centerville Elementary School. The change is necessary because of major renovations at the church. And appointment of Elections workers for the 2006 Elections. Receive and Place on File #120 Communication from Chief Pierce relative the promotion of Jeffrfey Sirois from Lieutenant to Captain Receive and Place on File #109A May 31, 2006 Honorable City Council Beverly City Hall 191 Cabot Street Beverly, Massachusetts 01915 RE: COUNCIL ORDER #109: RECOMMENDATION TO SET A JOINT PUBLIC HEARING DATE Dear Members of the Council: At a meeting of the Beverly Planning Board held on Tuesday, May 9, 2006, members of the Board voted unanimously to recommend that the City Council schedule a Joint Public Hearing between the Planning Board and the Council for the above- referenced Order, which requests a rezoning of Assessor’s Map 1, Parcels 1 and 1A (10-12 Congress Street) from the General Industrial (IG) Zoning District to a new Waterfront Development Residential District (WDR) and the adoption of a new zoning district entitled “Waterfront Development Residential District”. Due to statutory time requirements, the Board agreed to schedule the public hearing for early June. However, the Board recommended that the public hearing remain open into the fall so that the Board, City Council, planning staff and the public have optimal time to consider the matter. Sincerely, Richard Dinkin, Chairman Refer to Legal Affairs Communications, Applications and Petitions: #121 Communication from Reid R. Sacco Memorial Foundation relative to Bike-a-thon ride through Beverly on July 23, 2006 Receive and Place on File #122 TEC Associates Mass Bay Commuter Railroad 2006 Vegetation Control Program Receive and Place on File #123 Irene Pinciaro request for repair work to lawn from reconstruction of Northern Ave. Receive and Place on File Refer to City Solicitor #124 Chapter 91 Waterways License Variance Application 5 Park View Ave. Refer to Planning and Beverly Harbor Management Authority 59 #125 Chapter 91 Waterways License Variance Application 12 Park View Ave. Refer to Planning and Beverly Harbor Management Authority #126 Application Fortune Tellers License-Cindy Mitchell Refer to Legal Affairs #127 Communication from James Harrison of the Food Project NS requesting permission to use Ellis Square on Monday Evenings to sell produce during the summer months Refer to Finance and Property Reports from Committees: #91 The Committee on Finance and Property to whom was referred the matter of Request to adopt MGL 59 Section 5 (54) 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 of Beverly accept Massachusetts General Law 59, Section 5 (54) which exempts taxes on certain small Personal Property Accounts with total assessed values under $2,000.00. Order read once and adopted 9-0 Vote #98 The Committee on Finance and Property to whom was referred the matter of request to erect sing on City Property have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted 9-0 Vote #106 The Committee on Finance and Property to whom was referred the matter of request to place dumpster on city property at 23 Oak St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Stueve Contracting Company be given permission to place a dumpster on city property at 23 Oak Street for a period of six weeks during the demolition phase for the project provided that they are property insured. Order read once and adopted 9-0 Vote #110 The Committee on Finance and Property to whom was referred the matter of comm.. from Superintendent Hayes relative to a school override 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 60 #56 The Committee on Legal Affairs to whom was referred the matter of Application for a Lodging House License Renewal, 32 Broadway 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 DENY the application for renewal of a lodging House License at 32 Broadway Order read once and adopted 9-0 Vote #63 The Committee on Legal Affairs to whom was referred the matter of request for two hour parking on Lakeshore Drive 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 #87 The Committee on Legal Affairs to whom was referred the matter of appointment-Constable, James Barina 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 #100 The Committee on Legal Affairs to whom was referred the matter of Appointment-Commission on Disabilities Michele Gordon 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 #103 The Committee on Legal Affairs to whom was referred the matter of Appointment-Conservation Commission-Mary Reilly 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 #107 The Committee on Legal Affairs to whom was referred the matter of Communication re Proposed Condominium Development Congress St. 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 #109A The Committee on Legal Affairs to whom was referred the matter of Communication from Planning relative to setting a Joint Public Hearing 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, June 5, 2007 at 7:05 PM In Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a Zoning Change at 10-12 Congress Street from “General Industrial “ (IG) to “Waterfront Development Residential District”. Order read once and adopted 9-0 Vote 61 #116 The Committee on Legal Affairs to whom was referred the matter of Authorization for Mayor to sign lease have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend is adoption Ordered: That the Mayor is hereby authorized to sign the attached Five Year Lease Agreement between the City of Beverly and Omnipoint Communications, Inc., as per the request of the Mayor. Order read once and adopted 9-0 Vote #118 The Committee on Legal Affairs to whom was referred the matter of Symes Development Local Initiative Partnership have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be authorized to sign the Local Initiative Partnership application and attendant regulatory agreement relative to affordable housing units at the Edwards School Condominiums. Order read once and adopted 9-0 Vote #102 The Committee on Public Services to whom was referred the matter of reappointment to Historic District Commission John Frates 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 #111 The Committee on Public Services to whom was referred the matter of petition National Grid for pole relocation 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 will hold a public hearing on Monday June 5, 2006, at 7:03 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for relocation of a JO Pole #2247 on Congress Street. Order read once and adopted 9-0 Vote #110 The Committee on the Whole to whom was referred the matter of Comm. From Dr. James Hayes requesting tax override to fund school operating budget shortfall have considered said matter and beg leave to report as follows, to wit: Refer to Finance and Property Order read once and adopted 9-0 Vote Unfinished Business: Resolutions: Motions and Orders: Meeting adjourned: 9:25 PM Frances A. Macdonald, CMC City Clerk 62