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2007-06-18 Regular Meeting Beverly City Council 7:00, PM June 18, 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 Allegiance to the Flag: Led by Councilor Martin Appointments: Public Hearings and Presentations: 7:05 PM Joint Public Hearing-rezoning lots on Rantoul Street Refer Leqal Affairs 8:00 PM Public Hearing FY 2008 Budget Refer to Finance and Property Acceptance of Minutes: Special Meeting of May 24, 2007 and Regular meeting of June 4, 2007 Communications from His Honor the Mayor: #159 June 14, 2007 Mr. Paul Guanci 54 Cross Lane Beverly, MA 01915 Dear Paul: It is my pleasure to inform you that we have hired, subject to your confirmation, Mr. Steven R. Frederickson, 272 Salem Street, Lynnfield, MA 01940 to be the Director of Municipal Inspections for the City of Beverly. Mr. Frederickson has been Building Commissioner in the Town of Lexington for 22 years. His extensive resume is enclosed. He is fully licensed and certified. He is also a Registered Professional Engineer. We are confident that Mr. Frederickson will add strength to the Building Department. He will join us in early July. Bob Nelson, currently the Director of Municipal Inspections, has given notice that he plans to retire with his last day of work being July 6th of this year. I would much appreciate your early confirmation of this important appointment. Perhaps you would like Steven to appear before the Council at the Committee of the Whole meeting June 25th with the intent to vote on the appointment at your Council meeting on the 28th. Pauline Teixeira can arrange his presence as required. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs and Committee of the Whole #160 June 18, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council waive the residency requirement for Dai Shi as explained in the attached letter from Planning Director, Tina Cassidy. Ms. Dai Shi is a landscape architect and presently serves as a member of the Design Review Board. Thank you for your consideration of this request. 92 Very truly yours, William F. Scanlon, Jr., Mayor Order Approved 9-0 Vote #161 June 18, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following members of the Conservation Commission: William Squibb 509 Cabot Street Mary Reilly 14 Prospect Street Their terms to be effective until June 30,2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #162 June 18, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Bruce S. Hall, 282 Washington Street, Salem, MA 01970, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his application which has been approved by Police Chief John Cassola. Mr. Hall's term will be effective until July 1,2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs #163 June 18, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following members of the Beverly Golf and Tennis Commission: Gary Lambert, Recreation Commission Representative 9 Bass River Road Effective until February 1, 2009 Martin Lawler 36 Ellsworth Avenue 93 Effective until February 1, 2010 Richard Barger 63 Neptune Street Effective until February 1, 2010 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs Communications from Other City Officers and Boards: #164 Communication from Board of Appeal relative to an Application to the Zoning Board of Appeals for a Comprehensive Permit Pursuant to Mass. General Laws Chapter 40B: Holcroft Park Homes, LLC - 5,9, 17- 19,21,25,33 & 37 Mill Street and 10,22 and 28-30 Grant St. Refer to Leqal Affairs #103A June 12, 2007 Ms. Frances A. Macdonald, City Clerk City Hall, 191 Cabot Street Beverly, Massachusetts 01915 RE: CITY COUNCIL ORDER #103 - PROPOSED ZONING AMENDMENT: INCLUSIONARY ZONING Dear Ms. Macdonald: The Beverly Planning Board held a joint public hearing with the City Council on Monday, May 21, 2007, to consider proposed changes to the Zoning Ordinance relative to affordable housing. The proposed amendments include the creation of a new section entitled "Inclusion of Affordable Housing" (Section 29- 34.1) and adding definitions pertaining to affordable housing to Section 29-2. Planning Board Members convened a special meeting on June 4, 2007 and after some discussion, voted unanimously to recommend to the City Council that Order#103 be ADOPTED. The Planning Board recommended adoption of the Ordinance with the following changes incorporated: 1. Amend Subsection B.1. by replacing the number "five (5)" with the number "ten (10)" every time that it occurs. 2. Add new Subsection B.3., which states: "3. Any other development with dwelling units to which this Section does not otherwise apply may elect to be subject to this Section, provided the development meets all applicable requirements herein. Special permits authorized under this Section for developments with ten (10) or more dwelling units may also be granted to any other development with dwelling units, in the discretion of the Planning Board." 3. Amend Subsection G.2.b. by adding the words, "R-15, R-10," after the word, "R-22". 4. Amend Subsection G.2.b. by adding the phrase, "; or for a development in any other zoning district if the applicant provides at least 50% of the minimum required number of units as on-site units." after the words, "WD district". 5. Amend Subsection G.2.c. by deleting the word "or" found after the word "Authority" and inserting a "," in its place: by deleting the "," found after the word "Inc.": and by adding the phrase, "or a comparable entity, as determined at the discretion of the Planning Board," immediately after. 6. Delete Subsection G.3. in its entirety. 7. Amend Subsection H.1.d. by adding the words "and CG" after the word "CN" and by adding a "s" to the word "district" the first time that it appears. 8. Add new subsection H.1.e., which states, "In the CC district, for each on-site affordable unit, the applicant may propose one additional dwelling unit over the number of units that would otherwise be permitted in the district. The minimum lot area shall not be less than 85% of the minimum lot area per dwelling unit, as set forth in Section 29-17(D). 9. Amend all Subsection references to include Section letters. 10. Amend Subsection MA by deleting the phrase, "The Planning Department shall not sign off on a" and replacing it with the word, "No", and by adding the phrase, "shall be issued" after the phrase "certificate of occupancy". A copy of the Ordinance with the proposed changes highlighted in red is attached for your use. Respectfully, Richard Dinkin, Chairperson 94 Refer to Leqal Affairs #104A Memorandum from City Planner Tina Cassidy The proponent of the pending zoning request cited above (which request that a portion of Lot 107 on assessors map 20 be rezoned from IG to CC) dropped off the enclosed information and asked if we could get it to the City Councilors and Planning Board members in advance of Monday evening's meeting. The documentation describes the type of development that the owner plans to construct on the parcel if the zoning is in fact changed, and the owner wanted to provide as much information in that regard as is available at the moment. Receive and Place on File #165 June 18, 2007 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: The Estate of Susan A. DiLorenzo has proposed to make a number of donations to the City of Beverly. Those donations are as follows: 1. $16,405.48 to the Beverly Senior Center 2. $16,405.48 to the Beverly Public Library 3. $158,400.00 to Beverly High School for the purposes of establishing a scholarship fund in the names of Mary L. DiLorenzo and Susan A. DiLorenzo, which funds will provide scholarship assistance to graduating students of Beverly High School based on financial need. Please take a vote at your earliest convenience to accept such funds from the estate of Susan A. DiLorenzo for the purposes noted. Very truly yours, John P. Dunn, Finance Director Refer to Finance and Property Communications, Applications and Petitions: #166 Application for Livery License Cab Express Refer to Leqal Affairs #1048 Late File June 18, 2007 Ms. Frances A. Macdonald, City Clerk Beverly City Hall 191 Cabot St. Beverly, MA 01915 RE: Recommendation from Planning Board #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, June 18, 2007, members of the Board voted unanimously to recommend to the City Council that the above referenced City Council Order #104 be adopted. Sincerely, 95 Richard Dinkin, Chairperson Receive and Place on File Reports from Committees: #111 The Committee on Finance and Property to whom was referred the matter of Communication from Solicitor relative to closure of landfill 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 method chosen for legally closing the Landfill located off Brimbal Avenue Order read once and adopted 9-0 Vote #165 The Committee on Finance and Property to whom was referred the matter of donation to the City of Beverly have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council accept the following donations to the City of Beverly 1. $16,405.48 to the Beverly Senior Center 2. $16,405.48 to the Beverly Public Library 3. $158,400.00 to Beverly High School for the purposes of establishing a scholarship fund in the names of Mary L. DiLorenzo and Susan A. DiLorenzo, which funds will provide scholarship assistance to graduating students of Beverly High School based on financial need. Order read once and adopted 9-0 Vote #103 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning relative to Inclusion of Affordable Housing have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and seven An Ordinance amending an ordinance entitled Zoning Ordinance read once and referred back to Committee on Leqal Affairs 9-0 Vote #104 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Rezoning 480-486 Rantoul St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That the City Council approve the request of Rantoul Street LLC and Force Realty LLC, owners of property at 480-486 Rantoul Street to rezone a portion of Lot #1 07 on Assessors' Map #20 from its current zoning designation ("IG", General Industrial) to Central Business zoning designation ("CC", Central Commercial). Order read once and adopted 9-0 Vote #131 The Committee on Legal Affairs to whom was referred the matter of limousine business at 70 Brimbal Ave. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 96 Order read once and adopted 9-0 Vote #139 The Committee on Legal Affairs to whom was referred the matter of communication relative to Ordinance- Trash Fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend it not be adopted Ordered: That the City Council review an Ordinance entitled Public Works, Article One, Trash Removal and Disposal Service Fee Order referred out of committee in the negative Order read once and referred back to Leqal Affairs 9-0 Vote #139 The Committee in Legal Affairs to whom was referred the matter of communication relative to Ordinance- Trash Fee have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0Vote #139A The Committee on Legal Affairs to whom was referred the matter of Ordinance Public Works, Article One Trash Removal and Disposal Service Trash Fee have considered said matter and beg leave to report as follows, to wit: In the Year Two Thousand and Seven An Ordinance Amending an ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee Be it ordained by the City Council of the City of Beverly as follows, to wit: That Section 20-9 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended as follows: 1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2007, on all residential structures of 6 units or less. Residential structures of more than 6 units currently serviced by the City of Beverly will continue to be serviced at $100.00 per unit. 2. Commercial: A minimum fee of $300.00 is hereby established for all commercial entities currently being serviced by the City of Beverly. The final fee and conditions shall be subject to the determination of the Director of Engineering, who shall establish a written standard therefore. 3. Discounts and Waivers: (a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling unit with an income of $30,069.00 or less for a single adult; $38,399.90 or less for two or more adults will be eligible for a fifty percent (50%) discount of this fee. (b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or condominium with an income of $18,259.00 or less for a single adult; $20,419.00 or less for two or more adults, will be waived. (c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using the Adjusted Gross Income (AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no income tax return has been filed for tax years 2004 or 2005, equivalent documentation of income, to be provided to the City Engineer under the pains and penalties of perjury. Age shall be documented by driver's license, birth certificate, or equivalent proof. Any resident with a "life estate" interest in a residential property will be treated as if he and/or she were the record owner of the property. In one, two or three family housing types where the tenant and the homeowner both meet the eligibility requirements for the waiver or both meet the eligibility requirements for the discount, such waiver or discount shall be granted to the homeowner. (d) Vacancies: Any property owner who owns an unoccupied unit shall be eligible to receive a 97 credit for each full six month period for which the unit is not occupied. Property owners must provide documentation to the City Engineer signed under the pains and penalties of perjury demonstrating that the unit was vacant during the entire six month billing period for which such credit is requested. Eligibility shall be determined by the City Engineer using a water bill, or in cases where a unit's water meter is not separate from another unit, a letter or billing statement from the Electric Company. (e) Penalty: The City Engineer shall assess applicants a fine of not more than $250.00 for submitting false documentation. 4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the Collector of the City of Beverly, a lien upon the property. 5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the subject property's water and sewer bill cycle. 6. This fee shall not be increased for any reason other than to offset an increase in the incineration cost per ton ("tipping fee") or an increase in the contractual trash removal cost, and in such cases, the trash fee may n09t be increased beyond an amount equal to the increases in these costs. 7. Exemption: Any person who can demonstrate and document to the satisfaction of the City Engineer an alternative lawful disposal method may apply for an exemption from the fee. 8. Review: This ordinance is subject to a vote by 1, March 2008 by the City Council whether or not to continue through 2009. The Council will review City collections, overall effectiveness and the recommendations put forth by the Mayor's appointed Trash Committee. As with any City ordinance, the Council has the power to either change or delete an ordinance by a simple majority vote. 9. Sunset Clause: This Order expires on 1 July, 2008. Ordinance read once and held for final passaqe as per charter provisions 7-2 Vote Councilors Martin and Burke voted against #148 The Committee on Legal Affairs to whom was referred the matter of Appointment-Constable Philip Cleversey 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 #153 The Committee on Legal Affairs to whom was referred the matter of application for 2007 Limo License- Express Limo have considered said matter and beg leave to report as follows, to wit: Recommend be granted Order read once and adopted 9-0 Vote #154 The Committee on Legal Affairs to whom was referred the matter of Application for four additional Livery Licenses, Express Limo 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 #134 The Committee on Public Services to whom was referred the matter of communication re Keep It Local Verizon Cable Franchise 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 98 #144 The Committee on Public Services to whom was referred the matter of Appointment as Police Chief of Mark Ray 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 #147 The Committee on Public Services to whom was referred the matter of reappointment - Beverly Housing Authority - Laurie Callahan 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 #149 The Committee on Public Services to whom was referred the matter of Public Safety Dispatching Resolution 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 endorse the request of the Mayor relative to a Resolution supporting the concept of the Regional Operations Center and approve the appointment of Chief Rick Pierce to the City of Beverly's representative to the Committee to further this regional concept. Order read once and adopted 9-0 Vote #150 The Committee on Public Services to whom was referred the matter of Cable TV Service Pending Verizon Legislation 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 City Solicitor Roy Gelineau to endorse the enclosed Resolution to Representative Mary Grant relative to Cable TV Service Legislation Order read once and adopted 9-0 Vote #152 The Committee on Public Services to whom was referred the matter of request to hang 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 in July provided that it is hung by a licensed rigger and that the organization is properly insured. Order read once and adopted 9-0 Vote #155 The Committee on Public Services to whom was referred the matter of Communication relative to recycling 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 #70 99 The Committee of the Whole to whom was referred the matter of Communication relative to restoration of City Property (Pleasant St.) have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs Order read once and adopted 9-0 Vote Unfinished Business: #57 Ordinance-Zoning relative to Signs #123 Ordinance-Offences and Miscellaneous Provisions re Skateboarding Resolutions: Motions and Orders: #167 By Councilor Burke: Ordered: that William P. Squibb of 509 Cabot Street be reappointed to the Open Space and Recreation Committee as the Ward III representative. (see Revised Ordinances, Section 3-227) Recommend approval of the appointment #168 By Council Gooding Ordered: In accordance with Section 3-227 of the City of Beverly Revised Ordinances, that the Council approve the reappointment of Suzanne Beaudoin, of 19 Mulberry Street, to serve as the Ward 2 representative to the Open Space and Recreation Committee. Her current term expires on August 31, 2007 and her new term will run for three years, until August 31,2010. Recommend approval of the appointment #169 By Councilor Burke Ordered: That 'Go Slow/Children' signs be installed on Roundy Street and on Mechanic Street (between West Dane Street and Roundy Street) Recommend adoption of the order #139A By Councilor Guanci: Ordered: That the City Council renew an Ordinance entitled Public Works, Article One, Trash Removal and Disposal Service Fee with the appropriate amendments relative to dates Refer to Leqal Affairs #170 By Councilor Guanci Dear Honorable Council It has been brought to my attention by a number of constituents that our agenda should be altered Slightly I have received dozens of complaints as to why the Council's 15 Minute Public Comment period is at the beginning of the meetings. Their concerns are that much of the subject matter is either politically motivated or not entirely fact. The general consensus from my conversations is that our meeting should begin with legitimate City Council business. My suggestion would be to make a minor change to our agenda and place of 15 minute public comment period at the end of our meeting before we adjourn. I would ask the entire Council to consider this adjustment and possibly allow this change when the Council returns from our summer recess. 100 Refer to whole Meeting adjourned: 10:00 PM Frances A. Macdonald, CMC City Clerk 101