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2007-03-19 Regular Meeting Beverly City Council 7:00, PM March 19, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Councilor Paul Guanci was absent Pledge of Allegiance to the Flag: Led by Councilor Hobin Appointments: Public Hearings and Presentations: 7:05 PM Public Hearing-Zoning Ordinance relative to height of buildings in certain zones Refer to Leqal Affairs Council Public Hearinq Closed at 8:40 Immediately following PH -Pam Kampersal relative to Protecting Water Supply Acceptance of Minutes: Meeting of March 5, 2007 Communications from His Honor the Mayor: #74 March 19,2007 Honorable City Council City Hall Beverly, MA 01915 Re: Innocenti Park McPherson Youth Center Seawall Improvements Dear Honorable Council: As you know, results from recent tests commissioned by the City of Beverly showed contamination beneath the playing field at Innocenti Park and at the McPherson Youth Center site. We have been working with our LSP (Licensed Site Professional) Mike Geisser of Alliance Environmental Inc. to devise appropriate remediation of the site. He in turn has been working closely with the State Department of Environmental Protection. Due to the diligent efforts of our State Representative Mary Grant, the City of Beverly has received two grants totaling $580,000 for improvements at Innocenti Park and the McPherson Youth Center. These improvements include restoration of the skate park, resurfacing of playing courts and modifications to the Youth Center building. Mary Grant's is to be commended, and I would like to publicly thank her for her fine efforts. The general thrust of the remediation as approved by the Department of Environmental Protection is straight forward and simple; namely to put down a protective layer of geo-textile fabric and cover the entire area with clean fill to a depth of two feet. Beverly is clearly interested in remediating both sites as soon as practicable. Adding to the complexity of the issue is the need to repair the seawall along the edge of the field and behind the Youth Center. Combining the correction of the seawall with remediation of Innocenti Park and the Youth Center is very important because the seawall improvements will yield contaminated excavate. Were that material to be taken off site, the cost would be very great; but the opportunity exists to safely locate this material on the site below the clean fill as part of the project. Thus we need to repair the seawall at the same time we remediate the field and the Youth Center site. The entire project is expected to cost approximately $830,000 or $250,000 more than the total of the two grants. We will need to issue a bond for the remaining $250,000. With these funds we will be able to remediate the field; remediate the areas around the Youth Center; repave the asphalted areas; make necessary improvements to the skateboard park; make improvements to the Youth Center building and correct the problems with the seawall. In other words we will be able to make all the desired improvements. 36 John Dunn, Finance Director, will obtain formal loan order language. We will need to set a Public Hearing for the total expenditure, $580,000 of which will be reimbursed by the grants. Please set a Public Hearing for April 17, 2007. Having worked closely with DEP, we hope to have the field reopened for use in July as well as having made improvements to the Youth Center by that time. Our schedule is ambitious, but the solution approved to effect remediation allows for high productivity and optimism in our scheduling. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #75 March 19,2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Brian Chirco, 18 Myrtle Street, Beverly, MA 01915, to serve as a member of the Parks and Recreation Committee. Mr. Chirco will replace Arthur Powell who has resigned due to personal reasons and his term will be effective until December 31, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #76 March 19,2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Charles McShane, 23 Beacon Street, Beverly, MA 01915 to serve as a Registrar of voters. His term will be effective until March 31, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #77 March 19,2007 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 Solid Waste Management Committee: Ms. Toni Musante 12 Willow Street Ms. Beatrice Mendez 8 Summer Street 37 Their terms to be effective until March 31, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: #1A March 7, 2007 The Honorable City Council Beverly City Hall 191 Cabot St. Beverly, MA 01915 RE: Council Order #1: Proposed Zoning Amendment, Residential Reuse of Existing Public Buildings Dear Honorable Council: The Beverly Planning Board heard testimony on the above-referenced request at a Public Hearing on March 5, 2007. The public hearing was closed at this meeting and members discussed the request at a special meeting immediately following. The Board then voted unanimously (5-0) to recommend to the City Council that Council Order #1 be ADOPTED with the condition that the text reading, "and/or occupied" be deleted from the second line of Section E.3. Sincerely, Richard Dinkin, Chairperson Receive and Place on File Communications, Applications and Petitions: #78 Communication from Beverly Main Streets relative to their support of the Zoning Ordinance relative to building height. Receive and Place on File #79 Beverly Farms-Prides Crossing 4th of July Committee request to hang banner over West Street for an event on March 31,2007. Refer to Leqal Affairs #80 Request to appear before city Council regarding access to 865 Hale St. Refer to Leqal Affairs #81 Application Boston Chauffeur Service Refer to Leqal Affairs #82 Communication from Powers and Sullivan-Proposal for extension of auditing services 38 Refer to Finance and Property Reports from Committees: #74 The Committee on Finance and Property to whom was referred the matter of Loan Order Innocenti Park 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 hold a public hearing on Monday, April 2, 2007 at 7:05 PM in Council Chambers, Third Floor, 101 Cabot St. Beverly, MA relative to a loan order in the amount for the total expenditure, $580,000 expenditure, $580,000 for Innocenti Park The amount will be reimbursed by the grants. First Passage: Public Hearing: Final Passage: March 19,2007 April 2, 2007 April 2, 2007 Order read once and adopted 8-0 Vote #06-234 07-83 The Committee on Legal Affairs to whom as referred the matter of lease with Verizon 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 Mayor be, and the same is hereby authorized to sign the attached renewal of a 20 year lease agreement with Verizon. Order read once and adopted 8-0 Vote #1 The Committee on Legal Affairs to whom was referred the matter of Zoning Ordinance relative to reuse of public owned buildings 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 adopt the enclosed Zoning Amendment with the recommendation from the Planning Board that "and/or occupied" be deleted from the second line of Section E.3 PROPOSED AMENDMENT TO THE "RESIDENTIAL REUSE OF EXISTING PUBLIC BUILDINGS" SECTION OF THE ZONING ORDINANCE (Section 29-23.E.) 1. Amend Section 29-23. E. of the Beverly Zoning Ordinance by striking the existing language of that section and replacing it with the following: "E Residential Reuse of Existinq and Former Public Buildinqs 1. Purpose - To provide for the productive reuse of existing or former public buildings for residential purposes, and to provide affordable housing opportunities for low/moderate income households. 2. Use Regulation - In any zoning district, the City Council may allow by Special Permit the reuse of an existing or former public building, as hereinafter defined, for residential purposes, provided that ten percent (10%) of such allowed units are set aside for low or moderate income tenants or owners as hereinafter defined. The Special Permit may allow a greater number of residential units than would otherwise be permitted under the building and area requirements applicable to the zoning district in which such building is located. In the case of units to be owned by low or moderate income households, such units shall contain deed restrictions indicating that units shall sell for no more than 75% of their appraised value at the time of sale. There shall also be a deed restriction that ensures occupancy of the units by those of low or moderate income in perpetuity. In the case of units to be rented, rents charged shall not exceed those established by the Federal Department of Housing and Urban Development for the New Hampshire/Boston PMSA. 3. Public Building Defined - For purposes of this section, "public building" shall be defined as any building currently or formerly owned by the City of Beverly or any of its departments, authorities, or agencies. 39 4. Low or Moderate Income Household - For purposes of this section, "low or moderate income household" shall be defined as those whose annual income falls within the income guidelines for low or moderate income as determined by the Federal Department of Housing and Urban Development for the New Hampshire/Boston PMSA. 5. Parking - Two (2) parking spaces shall be provided on-site for each unit. 6. Procedure - A special permit application and twelve (12) copies of a site plan meeting the requirements of Section 29-28.C. of the Zoning Ordinance shall be filed with the Beverly City Council and processed by the City Council in accordance with the provisions of M.G.L. Chapter 40A, Section 9 and, to the extent practical, the rules and regulations of the Planning Board with respect to special permits. In reviewing a special permit application under this Section, the City Council shall consider the conditions outlined in Section 29-27.C.2. of the Zoning Ordinance, along with any other considerations it deems advisable and reasonable within the parameters of M.G.L. Chapter 40A, Section 9. The City Council shall open a public hearing on the special permit application and provide the applicant with initial feedback regarding the basic elements of the proposed project, including density. Six (6) copies of the site plan (which may be amended to reflect Council feedback) shall then be transmitted by the City Council to the Planning Board, which shall review the proposed site plan and provide recommendations to the City Council for its consideration. The City Council shall not close the public hearing on a special permit application until it has received a recommendation from the Planning Board on the site plan, or until sixty-five (65) days have elapsed since the plans were submitted to the Planning Board without the submission of a recommendation. The Planning Board's review of a site plan submitted to it by the City Council for a project under this Section shall be deemed compliance with Section 29-28.C., and no subsequent site plan review by the Planning Board under Section 29-28.C. shall be necessary. The City Council may elect to refer a special permit application or site plan to any other board, commission, or city department for review and comment during the course of the public hearing. 7. The provisions of this Section are optional, and nothing herein shall require the City Council to grant a Special Permit where it finds that the proposed project's overall impact on the general area would be adversely affected. (E 1. - 9. Rev. 5-9-88, )" Order read once and adopted 8-0 Vote #51 The Committee on Legal Affairs to whom was referred the matter of application fro limo license NADRYD have considered said matter and beg leave to report as follows, to wit: Receive and Placed on File Order read once and adopted 8-0 Vote #57 The Committee on Legal Affairs and Accounts to whom was referred the matter of Zoning Ordinance relative to signs 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, May 7, 2007, at 7:05 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a Zoning Ordinance Amendment relative to signs Order read once and adopted 8-0 Vote #58 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Gregory DiGiorgio as constable have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 8-0 Vote 40 #60 The Committee on Legal Affairs to whom was referred the matter of Appointment Cable TV Advisory Committee of Arthur Crandall have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 8-0 Vote #62 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T 15 minute parking have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption I n the year two thousand and seven An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic relative to 15 minute parking That Chapter 14, Section 123, of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended by adding the following: DELETE: West Street, three (3) spaces in front of #1 West St. between the hours of 6:00 AM to 7:00 PM, 7 days a week ADD: West Street, three (3) spaces in front of #1 West St., between the hours of 6:00AM to 8:00 PM, 7 days a week This ordinance to take effect upon passage according to City Charter First Passage: Final Passage: March 2, 2007 March 19,2007 Order read once and adopted 8-0 Vote Back to Legal Affairs #70 The Committee on Legal Affairs to whom was referred the matter of communication relative to restoration of City Property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to Planning, Zoning, Building and Engineers Office Out of committee 2-1 Councilor Burke voting against Order read once and adopted 7-1 Vote with Councilor Burke voting against #79 The Committee on Legal Affairs to whom was referred the matter of banner over West Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Beverly Farms Prides Crossing 4th of July Committee be given permission to hang a banner over West Street for an occasion March 31, 2007, provided that it is hung by a licensed rigger and that the organization is property insured. Order read once and adopted 8-0 Vote #53 The Committee on Public Services to whom was referred the matter of Sewer problem at 15 Hobart Ave. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 41 Refer to City Solicitor Order read once and adopted 8-0 Vote #59 The Committee on Public Services to whom was referred the matter of appointment of members to the Beverly Emergency Management Department have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointments Order read once and adopted 8-0 Vote #69 The Committee on Public Services to whom was referred the matter of communication form Mass Dept of Environmental Protection have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote Unfinished Business: Resolutions: Motions and Orders: #84 By Councilor Martin: Ordered: That the City Council's Budget Analyst updates the City Council quarterly, starting in April, on all expenditures related to the new high school construction project. Refer to Finance and Property 8-0 Vote #85 By Councilor Guanci: Dear Honorable Council, At the request of Mr. Robert Gilbert of The Beverly Vietnam Veterans First Lieutenant Stephen H. Doane Post #1, I am extending an invitation to the entire Beverly City Council to attend this year's Annual Military Dinner Dance hosted by Post #1. This year's event will take place on May 5, 2007 from 7:00pm until 11 :OOpm at the Vittori/Rocci Post on Brimbal Ave. This year's special guests are the members of the Beverly High School Junior ROTC under the direction of Colonel Lou Datillo USMC(Retired). Proper civilian attire or dress military uniform is required. Tickets for the evening's festivities will be $22.50 per person to help defray the event's costs. To reserve tickets please contact Mr. Robert Gilbert at 978.927.8554. Respectfully, Paul M. Guanci City Council President Receive and Place on File #86 By Councilor Guanci Dear Honorable Council, Per request of the Beverly Homecoming Committee I hereby appoint City Councilor at Large, William Coughlin and Ward Four City Councilor, Kevin Hobin to serve as council representatives to the Beverly 42 Homecoming Committee. I would ask both councilors to contact Mr. Robert Monahan at the Beverly Cooperative Bank to let him know of the appointments and to obtain a meeting and event schedule. Mr. Monahan is currently chair of the committee. I would also ask that Mr. Coughlin and Mr. Hobin report back to the full council after each meeting. Respectfully Requested, Paul M. Guanci City Council President Order read once and adopted 8-0 Vote Meeting adjourned: 10:02 PM Frances A. Macdonald, CMC City Clerk 43