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2006-12-04 Regular Meeting of Beverly City Council 7:00 PM Dec. 4, 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 Martin Appointments: Public Hearings and Presentations: 7:02 PM National Grid, Conduit Cleveland Road Refer to Public Services 7:05 – 7:15 PM Rosemary Maglio re Sidewalk on Pleasant St. 7:15 PM Lee Dellicker – Pleasant St. Sidewalk Acceptance of Minutes: Meeting November 20, 2006 and Special Meeting of November 27, 2006 Communications from His Honor the Mayor : #257 December 4, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Arthur A. Vanetzian, 177 Common Street, Watertown, MA 02472, as a Constable in the City of Beverly for the express purpose of serving Civil Process. Mr. Vanetzian’s application, which has been approved by Police Chief John Cassola, is enclosed and his term will be effective until December 31, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #258 December 4, 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 Council on Aging: Mary Lou Mital 93 Cross Lane Beverly, MA 01915 Term to be effective until June 30, 2009 149 Robert D. Murphy 34 Appleton Avenue Beverly, MA 01915 Term to be effective until June 30, 2009 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #259 December 4, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, every ton of material which is recycled is a ton which avoids the incinerator at RESCO in Saugus and saves the City $73.00 in avoided tipping fees at RESCO. Importantly it is also the right thing to do for the environment holding down carbon dioxide emissions which many learned people think are contributing to global warming. Beverly will soon tighten the rules on cardboard recycling significantly. Failure to follow these rules by residents placing cardboard in the waste stream can lead to trash not being picked up by the hauler. In order to ensure that all councilors are on board with the new rules before the planned February 1, 2007 implementation date, I am requesting that two councilors be identified to work with me and others to ensure full understanding and agreement by the Council of the new, more stringent rules. For your information the “Buck a Bin” Program has resulted in sales of more than 1,250 bins in recent weeks. Sales are expected to be strong through year end. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Receive and Place on File #260 December 4, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I submit for your consideration and hopefully your approval, the attached request for a zoning change allowing for the Planning Board by Special Permit to approve buildings up to 75’ tall to be constructed in the area of Rantoul Street from School Street to Elliott Street. The proposed language contains many protective requirements so as not to be offensive to neighbors and to address other concerns. Outside consultants have been employed to assist in developing this proposal. This most important legislation can be of tremendous help to our city in providing the appropriate new growth which will allow us to pursue badly needed infrastructure projects such as the Middle School and Public Safety Facilities. I strongly urge your passage of this important legislation so important to our future. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs and the Committee of the Whole Communications from other City Officers and Boards #261 November 29, 2006 Honorable City Council 150 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of establishments renewing their Lodging House Licenses. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs 9-0 Vote #262 November 29, 2006 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their first, second and third class Motor Vehicle Dealers Licenses. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs #263 November 29, 2006 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their Amusement Device Licenses for the year 2007. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs #264 Beverly City Council 191 Cabot St. Beverly, MA 01915 151 RE: Notification of Acceptance of Chapter 157 of the Acts of 2005 Dear Member of the City Council: This letter is to inform you that on July 27 and October 26, 2006, the Beverly Retirement Board voted to accept the th provisions of Section 1 and 2 of Chapter 157 of the Acts of 2005. Section 1 provides an additional annual benefit in the amount of $15.00 for each year of creditable service, not to exceed $300.00 in any year, for those members of the Beverly Retirement System who are veterans and who retired for accidental disability. Section 1 will be paid prospective only6 and will take effect upon the approval of the City Council. Section 2 provides the same benefit as Section 1 but the benefit paid under Section 2 will be retroactive to the effective date of the member’s retirement. For example, if Section 2 is approved by the City Council, a member who is a veteran and who retired for accidental disability on January 1, 2000 will receive the benefit contemplated by Section 1, retroactive to the date of the member’s retirement. The purpose of this legislation was to correct an inequity, which has existed for decades in the retirement stature between those veterans who retired for superannuation (a regular retirement) and those veterans who retired for accidental disability. Accordingly, the Board respectfully requests that the City Council accept both Sections 1 and 2. Please note that the City Council has the discretion to accept only Section 1 if it so chooses, but cannot accept Section 2 without also accepting Section 1. Should the City Council have any questions, do not hesitate to contact Ann Fournier directly ro myself. Very truly yours, John F. Lane, Jr. Chairman Beverly Retirement Board Refer to Finance and Property #265 December 4, 2006 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: MCKAY SCHOOL Dear Members of the Council: You will recall that some months ago I proposed an amendment to the zoning ordinance (Section 29-23.E., Residential Reuse of Existing Public Buildings) as a precursor to the City’s publishing a Request for Proposals for the McKay School. During discussion on that proposal, several councilors voiced concern about changing the ordinance to replace the City Council as the designated Special Permit Granting Authority (SPGA). In the earlier proposal, the Planning Board would have been the SPGA for such developments. Those councilors preferred to keep the permit granting authority with the Council. Hearing no dissenting views in the interim, I have revised the earlier amendment accordingly to reflect the Council’s stated wishes and attach it for your review. Given the subject matter, I would ask the Council to consider referring this proposed amendment to the Committee on Legal Affairs for discussion, prior to accepting it for formal public consideration. Since our collective ability to make changes to the draft is limited once a legal advertisement is published, I would recommend an informal review to ensure that what will be a “new” process for the Council is appropriately drafted for its use. I would be happy to attend such a committee meeting if my presence would be helpful. Respectfully, Tina P. Cassidy, Director Planning & Development Department Refer to Legal Affairs and Committee of the Whole Communications, Applications and Petitions: #266 Application for Sale of Christmas Trees, Robert MacArthur, 449 Cabot St. 152 Refer to Legal Affairs #267 Application to Sell Christmas Trees, Susan Woods Powell, Ryal Side Café, 119 Bridge St. Refer to Legal Affairs #268 Communication relative to disappearance of city sidewalk on south side of Pleasant St. (Pisani’s Market Property) Refer to Legal Affairs Reports from Committees: #266 The Committee on Legal Affairs to whom was referred the matter of Application for Christmas Tree License, Robert MacArthur, 449 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read 0nce and adopted 9-0 Vote #267 The Committee on Legal Affairs to whom was referred the matter of Application for Christmas Tree License, Susan Woods Powell, 119 Bridge St. have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read 0nce and adopted 9-0 Vote #250 The Committee on Public Services to whom was referred the matter of Petition National Grid for a conduit in Cleveland Road have considered said matter and beg leave to report as follows: Recommend the petition be granted Order read once and adopted 9-0 Vote #258 The Committee on Public Services to whom was referred the matter of reappointment to Council On Aging of Mary Lou Mital and Robert Murphy 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 Unfinished Business: #170 Ordinance Zoning Section 29 #229 Ordinance “Personnel” Mayor’s Salary 7-2 Burke- Grimes Resolutions: Motions and Orders: CMC Meeting adjourned: 8:00 PM Frances A. Macdonald, City Clerk 153