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2007-11-05 Regular Meeting Beverly City Council 7:00, PM November 5, 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 Gooding Appointments: Public Hearings and Presentations: 7:00 PM Police Chief and Swearing of Promotions 7:05 PM Appropriation of Funds Street Repairs Refer to Finance and Property 7:05 PM National Grid recessed from meeting Oct. 15 Refer to Public Services Immediately following public hearings-Renee Mary re Government Immediately following R. Mary, Paul Guanci Acceptance of Minutes: Regular Meeting of October 15,2007 Communications from His Honor the Mayor: Communications from Other City Officers and Boards: #241 October 24, 2007 Paul Guanci, President Beverly City Council Dear Councilor Guanci: In another important phase of police department reorganization, I have implemented personnel changes. As Appointing Authority, I have promoted the following individuals: Office Russell Rollins, Jr. has been promoted to permanent Sergeant Sergeant Christopher Negrotti has been promoted to permanent Lieutenant In recognition of the important role of the Beverly City Council in police reorganization, I request that a formal swearing-in ceremony take place before the entire Council a t the next meeting scheduled for Monday, November 5,2007. I trust that you will respond in a timely manner to this formal request. Yours truly, Mark A. Ray, Chief of Police Receive and Place on File #242 To: City Council Members From: Kate Newhall and Amy Maxner, Beverly Planning Department Date: November 1, 2007 Re: Letter of Support - Open Space and Recreation Plan At the September 4, 2007 Beverly City Council meeting, the Open Space and Recreation Committee (OSRC) submitted the Executive Summary, Action Plan, and maps from the 2007 Draft Open Space and Recreation Plan ("the Plan") for your review and offered to present a brief presentation of the plan upon Council request. As we explained, the Commonwealth requires that several individuals and groups review and comment on the Plan and provide written letters of support that must be appended to the final document. These parties 138 include the Mayor, City Council, Planning Board, Conservation Commission, and Metropolitan Area Planning Council. Since the Council has not requested a formal presentation or submitted any comments relative to the draft, the OSRC assumes that the Council has no objections to the plan and is comfortable with the goals and actions set forth for the next five years. Therefore, the Committee has prepared the attached draft letter of support for your review, approval and signature. This support letter will be included in Chapter 10: "Public Comments" of the Plan. Once all of the letters of support are collected the Plan will then be submitted to the Massachusetts Department of Conservation Services (DCS) for their approval. DCS approval will allow the City to participate in certain open space and recreation grant programs. Please do not hesitate to contact any Amy Maxner or Kate Newhall in the Planning Department at 978-921- 6000 ext. 2343 if you have any questions or concerns. Refer to Public Service #243 November 1, 2007 Beverly City Council Beverly City Hall Beverly, MA 01915 Dear Honorable Council: At the request of the Board of Assessors, would you please schedule a Public Hearing on November 19, 2007 relative to the allocation of Fiscal Year 2008 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions Thank you, John P. Dunn, Finance Director Refer to Finance and Property #244 Nov. 5, 2007 The Honorable City Council 191 Cabot St. Beverly, MA 01915 RE: Vacancy on Parking and Traffic Commission Dear Councilors: I received several inquires about the existing vacancy on the Parking and Traffic Commission after recent newspaper articles were published. I suggested to those who called that they should submit a letter of interest or resume to you for consideration, and that I would be happy to forward such letter/resumes if they were sent to me. Accordingly, please find two letters of interest I received on your behalf, which I am forwarding for your consideration. There may be other individuals who are also interested in serving on the Commission, but these are the only ones which I am aware of. Respectfully, Tina P. Cassidy, Director Planning and Development Department Refer to Public Services Communications, Applications and Petitions: #245 139 Application 4 Taxi and 1 livery License-NDARYD Transportation Refer to Leqal Affairs #246 Communication to authorize the Council president to sign and transmit the attached letter to the Centers for Medicare and Medicaid Services on behalf of the City Council on or before November 6, 2007. Refer to Finance and Property Reports from Committees: #234 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Street Repairs 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 the mayor for an appropriation for the following: 1. $300,000 to be set aside for paving Rantoul Street from Federal Street to the Beverly Salem Bridge. That paving to be performed before winter. 2. $300,000 to be set aside to purchase a street sweeper and trucks for Public Services. 3. The balance of $31,890 be expended for downtown streetscape improvements, under the direction of Planning Director Tina Cassidy and Councilor at Large Tim Flaherty, one of the Council's representatives on the Main Streets Board of Directors, and in conjunction with the Main Streets organization. Order read once and adopted 9-0 Vote #243 The Committee on Finance and Property to whom was referred the matter of Public Hearing allocation of FY08 Tax levy percentages 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, November 19, 2007 at 8:00 PM in Council Chambers, Third Floor, City Hall, 191 Cabot St., Beverly, MA relative to the allocation of Fiscal Year 2008 tax levy percentages among the four classes of real and personal property and consideration of the adoption of Open Space, Residential and Small Business exemptions. Order read once and adopted 9-0 Vote #246 The Committee on Finance and property to whom was referred the matter of Resolution relative to Medicare and Medicaid services have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the President of the Council is authorized to sign the transmit the attached letter to Centers for Medicare and Medicaid Services on behalf of the City Council on or before November 6, 2007 Order read once and adopted 9-0 Vote #224 The Committee on Legal Affairs to whom was referred the matter of Ordinance Parking and Traffic Commission have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption 140 I n the year two thousand and Seven An Ordinance amending an ordinance entitled Administrative Offices Be it ordained by the city council of the city of Beverly as follows: That Section 3-228 Parking and Traffic Commission be amended as follows: (a) Composition After the sentence ending "".a citizen appointed by the Mayor and two citizens appointed by the City Council." ADD "The Mayoral and Council appointees shall include, if possible, a traffic engineer, transportation engineer/planner, or parking and traffic consultant." (b) Authorities and Responsibilities DELETE In its entirety ADD 1. The Parking and Traffic Commission is established to control and regulate the present municipal lots, both owned and rented by the City- , (which control and regulation is subject to the approval of the Mayor and City Council), and to monitor and make recommendations regarding traffic flow and patterns within the City of Beverly. 2. The Parking and Traffic Commission shall have the power to direct funds from parking meter receipts into directional signage and parking lot repairs, maintenance and beautification, subject to the recommendation of the Mayor and the approval of the City Council 3. The Parking and Traffic Commission shall study and make surveys and recommendations to the Mayor, City Council, and municipal boards and commissions pertaining to the development of new parking areas, the impact of new development on traffic patterns, and rules and regulations pertaining to parking and traffic including loading zones, etc. This Ordinance to take effect as per charter provisions Ordinance read once and held for final passaqe as per charter provisions 8-1 Vote Burke against #227 The Committee on Legal Affairs to whom was referred the matter of Request to operate food vending after hours 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 #239 The Committee on Legal Affairs to whom was referred the matter of Application to sell Christmas Trees at the Ryal Side Cafe have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 9-0 Vote #240 The Committee on Legal Affairs to whom was referred the matter of Change of Ownership at North Beverly Sunoco (Petroleum Storage) have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 9-0 Vote #233 141 The Committee on Public Services to whom was referred the matter of request for 4 Way Stop at Carver and Livingstone 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 #228 The Committee on Public Services to whom was referred the matter of petition of National Grid have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted Order read once and adopted 9-0 Vote #242 The Committee on Public Services to whom was referred the matter of Letter of Support-Open Space and Recreation 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 the Planning Department for the enclosed Letter of Support. Order read once and adopted 9-0 Vote Unfinished Business: Resolutions: Motions and Orders: #247 By Councilor Burke: Ordered: That the Beverly City Council's Committee on Legal Affairs review license #2007-6 held by Walid Geha d/b/a American Petroleum, Inc., 586 Cabot Street Refer to Leqal Affairs Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC City Clerk 142