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2008-03-03 Regular Meeting Page 1 of 10 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, March 04, 2008 11 :20 AM To: minutes@beverlyma.gov Subject: 08mar3.doc Regular Meeting Beverly City Council 7:00, PM March 3, 2008 Ro II Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Pledge of Allegiance to the Flag: Led by Councilor Grimes Resolutions: #51 7:01 PM Eagle Scout John Wywoda Public Hearings and Public Speakers: 7:05 PM #45 Public Hearing Transfer to Account Police Overtime Refer to Finance and Property 7:15 PM #49 Joint Public Hearing with Planning re Sect. 29-29.C. Zoning Refer to Legal Affairs 7:25 PM #24 Joint Public Hearing with Planning re OSRD Zoning Amendment Recessed until April 7. 2008 at 7:15 PM Acceptance of Minutes: February 19, 2008 Appointments: Communications from His Honor the Mayor: #52 3/5/2008 Regular Meeting Page 2 of 10 March 3, 3008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. John J. Ruehrwein, 32 Pine Street, P.O. Box 3016, Wakefield, MA 01880, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is a communication from Police Detective David Richardson concerning his background check. Mr. Ruehrwein's term will be effective until April 30, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Service #53 Feb. 26. 2008 Honorable City Council Beverlry City Hall, 191 Cabot St. Beverly, Ma 01915 RE FEDERAL HEIGHTS - 48 FEDERAL ST-AFFORDABLE HOUSING UNITS Dear Honorable Council: I hereby request city Council authorization to sign the attached application and regulatory agreement relative to the Federal Heights project at 48 Federal St. Members may recall that the City required that two of the eighteen housing units in the Federal Heights building be reserved as affordable housing units. To comply with that requirement, Ken Chase of Atlas Mortgage (the owner) has prepared the attached Local Initiative Program (LIP) application and regulatory agreement for submission to the State's Department of Housing and Community Development. The application/agreement package spells out the income and eligibility requirements for the affordable units. Eventual approval of the LIP application by the State will guarantee the units will be counted toward Beverly's Subsidized housing Inventory in the future. Please feel free to contact city Planner Tina Cassidy if you have any questions relative to this request. Respectfully, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #54 Feb. 26. 2008 Honorable City Council Beverlry City Hall, 191 Cabot St. Beverly, Ma 01915 3/5/2008 Regular Meeting Page 3 of 10 RE MONTSERRAT CONDOMINIUMS, 40 HEARTHER STREET-AFFORDABLE HOUSING UNITS Dear Honorable Council: I hereby request city Council authorization to sign the attached application and regulatory agreement relative to the Montserrat condominium project at 40 Heather St. Members may recall that the City required that three of the forty three housing units in the Federal Heights building be reserved as affordable housing units. To comply with that requirement, the projects owner, Montserrat LLC has prepared the attached Local Initiative Program (LIP) application and regulatory agreement for submission to the State's Department of Housing and Community Development. The application/agreement package spells out the income and eligibility requirements for the affordable units. Eventual approval of the LIP application by the State will guarantee the units will be counted toward Beverly's Subsidized housing Inventory in the future. Please feel free to contact city Planner Tina Cassidy if you have any questions relative to this request. Respectfully, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from Other City Officers and Boards: #55 Mar. 3, 2008 Honorable City Council City of Beverly 191 Cabot St. Beverly, MA 01915 RE Rule 19 Dear City councilors: Enclosed for your consideration and action is a proposed order to amend Rule 19 Order of Business of the Rules and Orders of the City Council Very truly yours, Timothy P. Flaherty, Council President An Order amending Rule 19 ORDER OF BUSINESS of the RULES AND ORDERS OF THE CITY COUNCIL Ordered that Rule 19 ORDER OF BUSINESS of the RULES AND ORDERS OF THE CITY COUNCIL be amended as follows: 1. By inserting a new paragraph 3 thereto to read as follows: 3. Comments by Citizens (subject to the conditions contained in Appendix A to the RULES AND ORDERS) 2. By renumbering the present paragraphs 3-13 of the RULES AND ORDERS as paragraphs 4-14 sequentially. 3. By adding an APPENDIX A to the RULES AND ORDERS to read as follows: APPENDIX A 3/5/2008 Regular Meeting Page 4 of 10 COMMENTS BY CITIZENS The comment period provided for by Rule 19 paragraph 3 of these RULES AND ORDERS is subject to the following conditions: 1. This comment period is limited to 15 minutes total. 2. Citizens wishing to address the City Council during this comment period must request that the City Clerk schedule them to speak. This must be done no later than 12:00 noon of the Thursday preceding the City Council meeting at which the citizen desires to speak. 3. Each citizen shall be allotted 2 ~ minutes to comment to the City Council. 4. The City Clerk shall insure that no more citizens shall be scheduled to comment than can be heard within the 15 minute time limit and citizens will be so scheduled on a first come first served basis. 5. The 2 ~ minute and 15 minute time limit may be waived only by the City Council and only by a unanimous vote as provided for by Rule 30 of the RULES AND ORDERS. 6. Citizens scheduled to comment to the City Council under this Rule shall be deemed out of order and may have their comment period terminated by the presiding officer for any of the following: a. The use of vulgar, profane, or disrespectful language. b. Commenting upon matters not pending before, nor likely to ever come before, the City Council for its consideration c. Ad hominem/personal attacks on any person, whether that person is a member of the City Councilor not. d. Political speech in support of or in opposition to any candidate for public office in any local, state, or federal election. e. Not directing comments to the presiding officer of the meeting at which the comments are made. 7. This is a comment period and not a question and answer period. Questions by citizens, except rhetorical questions, will be permitted only at the pleasure of the presiding officer. 8. These rules relative to a citizen comment period and the conditions imposed thereon are promulgated under Sec. 2-6 (c) of the City Charter. 9. Nothing herein shall be deemed to apply and/or restrict the rights of the City Council to have access to information under Section 2-7 of the City Charter, nor shall anything herein be deemed to limit the City Council as it shall see fit to suspend its RULES AND ORDERS at anytime under Rule 30 hereof. Refer to Legal Affairs #56 February 25, 2008 Honorable City Council City of Beverly 191 Cabot Street 3/5/2008 Regular Meeting Page 5 of 10 Beverly, MA 01915 RE: Standing Designation of Substitute Chairman Joint Meetings with Committee of the Whole Dear City Councilors: In accordance with Rule 21 (4) of the RULES AND ORDERS of the CITY COUNCIL, I do hereby make this standing designation. In my absence, I do hereby designate the Chairman of the Finance and Property subcommittee, the Chairman of the Public Services subcommittee, or the Chairman of the Legal Affairs and Ordinances subcommittee (as each subcommittee may then be duly noticed to be in joint meeting with the COMMITTEE OF THE WHOLE) to convene, to recess, to reconvene, to adjourn, and to serve as acting chair of the COMMITTEE OF THE WHOLE during such joint meeting. Very truly yours, Timothy P. Flaherty, Council President Receive and Place on File Communications, Applications and Petitions: #57 Comm. from Beverly Farms Motors Change of Name to Beverly Farms Motors L. L. C. Receive and Place on File #58 Application-Hawkers and Peddlers License-Jeanne Pagliarulo Refer to Leal Affai rs #59 North Shore Regional Vocational School Annual Report (Short Form) Receive and Place on File #60 North Shore Regional Vocational School annual Report Receive and Place on File Regorts from Committees: 3/5/2008 Regular Meeting Page 6 of 10 #31 The Committee on Finance and Property/Committee of the Whole to whom was referred the matter of Comm. From DOR relative to Budgetary Transfers 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 from the Finance Director to adjust several accounts as per the enclosed communication as part of the tax rate setting approval process. First Passage: Public Hearing Held: Final Passage: Feb. 4, 2008 Feb. 19,2008 Mar. 3, 2008 Order read once and adopted 9-0 Vote #36 The Committee on Finance and Property/Committee of the Whole to whom was referred the matter of Communication from Library Director re acceptance of $300.00 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 accept the $300.00 settlement as per the request of the Library Director. Said sum of $300.00 is the result of a settlement between the Attorney General's Office and certain music companies. Order read once and adopted 9-0 Vote #40 The Committee on Finance and property to whom was referred the matter of five year financial forecast FY )9 to FY13 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 #45 The Committee on Finance and Property/Committee of the Whole to whom was referred the matter of Transfer to Account -Police 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 a transfer in the amount of eighty thousand ($80,000.00) dollars from account "Reserve for Unforeseen" to Account "Police Overtime" First Passage: Public Hearing: Final Passage: Fe. 19,2008 March 3, 2008 March 3, 2008 Order read once and adopted 9-0 Vote 3/5/2008 Regular Meeting Page 7 of 10 #41 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Ordinance Motor Vehicles and Traffic Stop 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 DENY the request for stop signs in the area of Matthies, Sturtevant and Pearson Streets Order read once and Held at request of Councilor Burke #44 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Ordinance- Health-Article IV, Solid Waste have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and eight An Ordinance Amending and Ordinance entitled Solid Waste Sec. 9-71 Dumpster Regulation Be it ordained by the City Council of the City of Beverly as follows, to wit: That Section 9-71 Article IV Dumpster Regulations be amended as follows: ADD: At the end of item (11) the following: The contractor shall have these hours of removal conspicuously displayed on the dumpster as follows: 'This dumpster may not be serviced prior to 7:00 a. m. nor later than 8:00 p.m. per city ordinance.'" This Ordinance to take effect as per charter provisions Ordinance read once and referred back to committee on Legal Affairs 7-2 Vote Burke and Martian against #47 The Committee on Legal Affairs to whom was referred the matter of Open Space Residential Design Site Plan 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 #48 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Ordinance Review report have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 3/5/2008 Regular Meeting Page 8 of 10 Order read once and adopted 9-0 Vote #34 The Committee on Public Services/Committee of the Whole to whom was referred the matter of appointment Council on Aging-Blair Smith 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 #42 The committee on Public Services/Committee of the Whole to whom was referred the matter of communication re Cable TV Rate hike 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 #46 The Committee on Public Services/Committee of the Whole to whom was referred the matter of reappointment-Parks and Recreation Commission Mark Casey and Michael Ralbovsky 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: Motions and Orders: #61 By Councilor Troubetaris: Ordinance Clean energy Advisory Committee Refer to Legal Affairs 3/5/2008 Regular Meeting Page 9 of 10 #62 By Councilor Hobin: Ordered: That a "GO SLOW CHILDREN" signs be place on Cross Lane in the vicinity of the Soccer Field Refer to Legal Affairs and Parking and Traffic Commission #63 By Councilor Flaherty: Ordered: That Councilor bill Coughlin and Councilor Kevin Hobin be appointed to the Beverly Police Citizen Steering Committee Receive and Place on File #64 By Councilor Burke Ordered that the committee on Legal Affairs review the taxicab licenses held by City Taxi Refer to Legal Affairs and City Solicitor #65 By Councilor Burke Ordinance MV & T relative to No Parking Be it Ordained by the Beverly City Council that Section 14-86 Obedience to Isolated Stop Signs of the City of Beverly be amended as follows: ADD Goodyear St., northeast bound drivers on Goodyear St. at Pearson St. Goodyear St., .northbound drivers on Goodyear Street at Glidden St. Refer to Legal Affairs and Parking and Traffic Commission #66 By Councilor Burke Ordinance MV & T Amend Cha 14, Sec. 122 No Parking during certain hours Be it ordained by the Beverly City council that Section 14-122 No Parking- during certain hours ADD No person shall park a vehicle between the hours of 8:00 PM and 8:00 Am on the Balch Street Playground side of Cabot Street from Balch Street to Ropes St. Refer to Legal Affairs and Parking and Traffic Commission 3/5/2008 Regular Meeting Page 10 of 10 Meeting adjourned: 10: 10 PM Frances A. Macdonald, CMC City Clerk 3/5/2008