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2007-05-21 Regular Meeting Beverly City Council 7:00, PM May 21, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Alleg iance to the Flag: Led by Councilor Troubetaris Appointments: Public Hearings and Presentations: 7:05 PM Presentation by Council on Aging 7:25 PM Public Hearing Zoning relative to Inclusionary Zoning Refer to Leqal Affairs and Planninq 7:55 PM Public Hearing National Grid JO Pole Hobart Ave. Refer to Public Services 8:00 PM Public Hearing Intradepartmental Transfers Refer to Finance and Property Recessed until June 4. 2007 Immediately following Public Hearing Renee Mary re Government Acceptance of Minutes: Meeting of May 7, 2007 Communications from His Honor the Mayor: #127 May 16, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It has taken me a bit longer to get back to you regarding PAVING than I had hoped. As earlier discussed, the real issue is sufficient money to pave enough streets. The following outlines a tow-part strategy to pave $1,500,000 of streets in Beverly this calendar year. First, attached is a list of streets whose need for paving would not be disputed by anyone. These will be paved using existing Chapter 90 funds and completed by June 30 which is the day that pavi9ng costs increase significantly because of the rising cost of oil. WE have also recently received a "new" allotment of funds which cannot be expended prior to July in the amount of $700,000. In order to make the entire amount available for street paving we have put $200,000 of design costs for Rantoul Street improvements directly into the FY2008 Operating Budget which you will receive next week. To achieve that we have had to take $200,000 of "Free Cash" into offsetting revenues. The net effect is to increase the street paving monies from $570,00 to $770,000 (in other works making the entire $770,000 Chapter 90 allotment available for paving). You will receive by mid-June a "draft" list of suggested streets for paving this summer and fall. We would appreciate your feedback on that list as soon as possible. We will accompany the list with a guide as to the typical paving cost per 100 feet of length for a typical width of street to help you analyze alternatives if you wish to modify the list. Between the two segments of paving we will definitely improve Beverly's streets this summer and fall. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #128 71 May 21,2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: At your last meeting I submitted a letter indicating that three Capital Expenditure Projects would be brought forward for your review this evening. In order to obtain better cost estimates for these projects that submission will be delayed. We still intend to perform these projects on the Library, City Hall and Police Station prior to next winter using funds available from previously approved appropriations thus avoiding new appropriations. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File Communications from Other City Officers and Boards: #57 May 9,2007 The Honorable City Council Beverly City Hall 191 Cabot St. Beverly, MA 01915 RE Council Order #57 Recommendation from Planning Board relative to proposed zoning amendment regarding Sandwich Board and Real Estate Signs Dear Honorable Council: The Beverly Planning Board heard testimony on the above-referenced request at a joint public hearing with the City Council held on May 7, 2007. The joint public hearing was closed at this meeting. At the Planning Board's special meeting immediately following, members of the Board discussed the above-referenced request. After some discussion, the Board voted (5-0) to recommend to the City Council that Council Order #57 be ADOPTED. The Board made the recommendation that the City Council adopt the order, but amend the text of the proposed amendment to clarity the following: 1. clarify the meaning of the phrase, "aligned with the front of''', in part 2.2 2. clarify that sandwich board signs are allowed on both public and private property Sincerely, Richard A. Dinkin, Chairperson Planning Board Refer to Leqal Affairs #104A May 9,2007 Ms. Frances A. Macdonald, City Clerk Beverly City Hall 191 Cabot St. Beverly, MA 01915 RE: Recommendation from Planning Board on Joint Public Hearing Order 104-Request to rezone portion of Lot At 480-486 Rantoul Street from General Industrial (IG) to Central Business (CC) Dear Ms. Macdonald: At a meeting of the Beverly Planning Board held on Monday, May 7, 2007, members of the Board voted unanimously to recommend to the City Council that a Joint Public Hearing be held between the Planning Board and the Council relative to the above-referenced City Council Order #1 04. Sincerely, Richard A. Dinkin, Chairperson 72 Beverly Planning Board Refer to Leqal Affairs #129 TO: FROM: DATE: SUBJECT: Beverly City Council Tina Cassidy, Planning Director May 10, 2007 Request for valuation of landscaping strip on Pleasant Street AT the last City Council meeting I was asked to ascertain the value of the landscaping strip on Pleasant Street that was recently installed by Windover Development along the side of the new Depot Crossing building. The landscaping area is 519 Sq. Ft. in size and was constructed within the layout of Pleasant Street where a sidewalk used to exist. Using the current value the assessors have assigned to the Depot Crossing property at 116 Rantoul Street ($254,400) and dividing it by the area of that lot (16,574 sq. ft), the per-square-foot value of the land (not including the building or other site improvementsO is $15.35. Using that per-square-foot figure, the 519 sq. ft landscaping strip would be worth $7,966.65. I checked the methodology and values with both Assistant Beverly Assessor Terry DiBlasie and with Peter Caron, a professional municipal assessor and member of the Beverly Board of Assessors. They both agree that a value of $7,966.65 represents the highest value that could or would be ascribable to the 519 sq .ft strip presently, and cautioned that the actual value would in all likelihood be lower. Refer to Leqal Affairs #130 May 18, 2007 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: In order to legally close the Landfill located off Brimbal Avenue, the City must provide financial assurance that the post closure measures approved by the Department of Environmental Protection are funded. To provide this assurance it is necessary to select a funding assurance option that meets the regulatory requirements. One of those options, described at 310 CMR 19.051 (12)(a), provides that an owner may do so by establishing a Post-Closure or corrective Action Trust Fund and by sending an originally signed duplicate of the trust agreement to the Department (DEP) The Trustee must be a bank or other financial institution. This option is the one preferred by Finance Director John Dunn. Therefore I am sending to you a proposed order authorizing the Mayor to sign the attached trust agreement with the Beverly National Bank. Very truly yours, Roy F. Gelineau, Jr., City Solicitor Refer to Finance and Property Communications, Applications and Petitions: #131 Comm. relative to limo service at 70 Brimbal Avenue Refer to Leqal Affairs #132 TEC Associates Massachusetts Bay Commuter Railroad's 2007 Vegetation Control Program Receive and Place on File #133 73 Communication from O'Sullivan Associates re Keep It Local MA Network in regards to Verizon's recently proposed cable franchise legislation. Refer to Public Service #134 Comm. from Segal, Edelstein, Bussone and Fallon relative to Claim-Dennis O. Tarsook Receive and Place on File Refer to City Solicitor #135 Application Livery License-Mannix Sedan Service, 77 Water St. Refer to Leqal Affairs #136 National Grid petition for 2 JO poles on Greenwood Ave. Refer to Public Services #137 Communication from Lee Dellicker relative to Pleasant Street Sidewalk at Depot Square Refer to Leqal Affairs #138 Invitation to march in Ryal Side Civic Association 4th of July Parade Receive and Place on File Reports from Committees: #122 The Committee on Finance and Property to whom was referred the matter of Communication relative to Food Project request to use City Property have considered said matter and beg leave to report as follows, to wit: Recommend permission be granted Order read once and adopted 9-0 Vote #45 The Committee on Legal Affairs to whom was referred the matter of request for acceptance of Jewett Road 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 #73 The Committee on Legal Affairs to whom was referred the matter of Request for Sturtevant Street Acceptance 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 #99 The Committee on Legal Affairs to whom was referred the matter of Ordinance relative to disposal of surplus tangible supplies have considered said matter and beg leave to report as follows, to wit: 74 Submit the accompanying ordinance and recommend its adoption I n the year two thousand an seven An Ordinance amending an ordinance relative to disposal of surplus tangible supplies have considered said matter and beg leave to report as follows, to wit: Be it ordained by the City Council of the City of Beverly as follows: ADD: Chapter 27 Purchasing Article I 29-1 Disposal of Surplus Property with a Value of Less than Five Thousand Dollars. Pursuant to M.G.L. Chapter 30B, Section 15(f) Disposal of Excess Supplies, Procedures, the Chief Procurement Officer, or his designee, may dispose of surplus property (other than real property) which has been determined by the Department Head, in whose care and custody such surplus property is, to have a value of less than Five Thousand and no/100 ($5,000.00) Dollars by the following procedure: (1) The Department Head desiring to dispose of said surplus property shall write a letter to the Chief Procurement Officer, or his designee, setting forth in detail a complete description of the surplus property and a statement as to how a value of less than $5,000.00 was determined; (2) The Chief Procurement Officer, or his designee, shall post on the City of Beverly's City Hall bulletin board the availability of the surplus property and where, when and how it may be inspected by the public; (3) The Chief Procurement Officer, or his designee, shall seek written or oral quotations from no fewer than three persons. The Chief Procurement Officer, or his designee, shall record the names and addresses of all persons from whom quotations were sought, the names of persons submitting bids and the date and amount of each bid. (4) The Chief Procurement Officer, or his designee, shall award the surplus property to the highest of the bidders. If only one bidder bids on any item, the Chief Procurement Officer, or his designee, at his discretion mayor may not award said surplus property to said bidder; (5) If there is no bid received on anyone of the items listed as surplus, then the Chief Procurement Officer, or his designee, may donate the same to charity; (6) In addition, a Department Head desiring to dispose of surplus property may request from the Chief Procurement Officer, or his designee, approval to trade in such item towards a new purchase. The Chief Procurement Officer may approve of such method if he feels it is in the best interest of the City of Beverly. This ordinance to take effect as per charter provisions Ordinance read once and held for final passaqe as per charter provisions 9-0 Vote #104 The Committee on Legal Affairs to whom was referred the matter of Joint Public Hearing with Planning 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, June 18, 2007 at 7:05 PM relative to the rezoning of a portion of Lot at 480-496 Rantoul Street from General Industrial (IG) to Central Business (CC). Order read once and adopted 9-0 Vote #120 The Committee on Legal Affairs to whom was referred the matter of Applications for Second Hand Junk Dealers Licenses for 2007 have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted Order read once and adopted 9-0 Vote 75 #109 The Committee on Public Services to whom was referred the matter of communication relative to flooding issues at Foster and Common Lane 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 #136 The Committee on Public Services to whom was referred the matter of Petition of National Grid for installation of 2 JO poles on Greenwood Avenue 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 4, 2007 at 7:10 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a petition of National Grid for the installation of two Joint Owned Poles in Greenwood Avenue and for the installation of 2 - 4" EB conduits Order read once and adopted 9-0 Vote #111 The Committee of the Whole to whom was referred the matter of naming of Former Vitale Site 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: #139 By Councilor Guanci: Ordered: That the City Council review an Ordinance entitled Public Works, Article One, Trash Removal and Disposal Service Fee. Refer to Leqal Affairs #140 By Councilor Grimes: Ordered: That the Code of Ordinances, City of Beverly, Ma is hereby amended by adding the following language after the end of the last sentence of Section 3-338, as now appearing: The Director of Public Services shall, prior to July 1, 2008 and prior to July 1 of each subsequent year ending in an even number, submit to the Clerk of the City Council a written plan, which shall thereafter govern the repair of highways, streets and bridges pursuant to the preceding sentence. Such plan shall include, but need not be limited to, a list of repairs so selected, the criteria of selection, estimates of cost and funding sources, planned time sequence of such repairs, estimates of when such repairs shall occur, and provision for emergency repairs. Each such plan shall, as soon as may be practicable, be reviewed by the Committee on Public Services, and may be reviewed by the City Council. Such Committee shall, and such Council may, comment upon such plan. Refer to Public Services 76 #141 By Councilor Flaherty: Ordered: Amended to recommend That the City of Beverly renegotiate the contract with JRM concerning the compost facility in order to open more days during the spring and fall. Copies To Solicitor, Mayor and Engineering Refer to Finance and Property Meeting adjourned: 10:25PM Frances A. Macdonald, CMC City Clerk 77