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2008-04-07 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 14 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, April 15, 2008 4: 13 PM To: minutes@beverlyma.gov Subject: 08.apr7.doc Regular Meeting Beverly City Council 7:00, PM April 7, 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 Martin Public Hearings and Public Speakers: 7:15 PM #24 Recessed Public Hearing OSRD Recessed until May 5,2008 at 7:15 PM Acceptance of Minutes: March 17, 2008 Appointments: #79 City Clerk-Frances A. Macdonald #80 Clerk of Committees-Kathleen P. Connolly Communications from His Honor the Mayor: #81 April 7,2008 Honorable City Council City Hall 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of 14 Beverly, MA 01915 Dear Honorable Council: I hereby request your appropriation of two recently received revenues totaling $100,000 and the interdepartmental transfer of these funds along with existing favorable variances to balance anticipated unfavorable variances. These transfers total $181,000. Included, in the event of a special election are $30,000 of funds for that purpose. Details of both the sources and uses of funds are described in Finance Director John Dunn's attached letter and spreadsheet. A Public Hearing will be required. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #82 April 7,2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that your Honorable Council vote to schedule a special meeting to be held next Monday evening, April 14th at 8:30 p.m. I would be pleased if School Committee members attended also. The purpose of this meeting is to allow me an opportunity to speak in depth to you and the citizens of Beverly regarding a number of relevant financial issues including the current budget, next fiscal year's budget, the High School project and the special election. A meeting with neighbors located close to the High School earlier that same evening dictates the scheduling at 8:30 p.m. I look forward to doing my best to answer any questions you may have following my talk. Thank you for your consideration. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #83 April 7,2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: You are aware that the Police Department has received a grant in the amount of $114,565 to fund physical improvements in the police station. This grant requires a city match. Funds are available in an appropriation previously approved by your Honorable Council which with your approval can be transferred to provide the necessary match. Finance Director John Dunn's memo to me, which is attached, further described the specific improvements to be made and recommends the transfer. Action is required to prevent loss of the grant. I hereby request a transfer of One Hundred Fourteen Thousand Five Hundred Sixty-Five Dollars ($114.565) to account "Police Department Repairs" from account "School Building Heating Plant Accounts." Said sum of money to be expended under the direction of the Finance Director. A Public Hearing will be required at your earliest convenience. 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 14 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #84 April 7,2008 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 Historic District Commission: Mr. William Finch 50 Front Street Beverly, MA 01915 Mr. James Younger 32 Butman Street Beverly, MA 01915 There terms to be effective until April 1 , 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #85 April 7,2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: John L. Massa 96 Woodland South Lynn, MA 01904 Neal F. Sullivan 86 Lenox Road Nahant, MA 01908 Attached are their applications which have been approved by Police Chief Mark Ray. Their terms to be effective until March 31, 2011. Very truly yours, 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 14 William F. Scanlon, Jr., Mayor Refer to Legal Affairs #86 April 7,2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council vote to approved the attached proposed revisions to City Ordinances entitled Stormwater Management and Construction Site Management described in the attached communication from City Planner Tina Cassidy. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #87 April 7,2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Rachel Rome, 12 Cross Street, Beverly, MA 01915, to serve as a member of the Cultural Council. Her term to be effective until April 30, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #88 April 7,2008 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 Library Board of Trustees: 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of 14 Joanne Panunzio 31 Old Planters Road Beverly, MA 01915 Neil Olson 133 Valley Street Beverly, MA 01915 Their terms to be effective until January 31, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #89 April 7,2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination of Mortgages Agreement for property owned by Ann M. Chiarello, 42 Bow Street, Beverly, MA 01915. Also attached is a communication from Community Development Manager William G. O'Hare explaining this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #90 April 7,2008 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 Cultural Council: Mr. Daniel Murphy 27 Neptune Street Term effective until April 30, 2010 Ms. Leonie Bradbury 23 Essex Street Term effective until April 30, 2010 Mr. Leighton O'Connor 13 Ames Street Term effective until April 30, 2009 Ms. Mary Bucci McCoy 56 Butman Street Term effective until April 30, 2011 Ms. Lindsey Smythe 87 Cabot Street #4 Term effective until April 30, 2010 Ms. Joanne Flannery 14 Goodyear Street Term effective until April 30, 2009 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 14 Ms. Michele J. Kenna 9 Pine Road Term effective until April 30, 2010 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: #91 April 1 , 2008 Honorable City Council City Clerk Fran MacDonald City Hall Beverly, MA 01915 Beverly City Council, Re: City Ordinance Change-Ch. 14-86 Obedience to Isolated Stop Signs - This request is submitted for the purpose of adding to the existing City Ordinance (14-86) the addition of a stop sign at the following intersection. West Dane Street. Eastbound traffic on West Dane Street at Rantoul Street. The traffic division in conjunction with the Parking and Traffic Commission feel this is needed in the interest of public safety. Sincerely, Sgt Joseph Shairs Traffic/Safety Office, Beverly Police Dept. Refer to Legal Affairs and Parking and Traffic Commission #92 March 31, 2008 Honorable City Council City Clerk Fran MacDonald City Hall Beverly, MA 01915 Beverly City Council, This request is submitted for the purpose of adding a Pedestrian Sign at the Cummings Center / Stop and Shop intersection on Elliott St. In accordance with the MUTCD the sign recommendation is. R10-15. "TURNING TRAFFIC MUST YEILD TO PEDESTRIAN". This recommendation is for two signs as follows: 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 14 One facing eastbound traffic on Elliott St. at the entrance to Stop and Shop in the area adjacent to and just before the crosswalk area. The second would face westbound traffic on Elliott St. at the entrance to the Cummings Center adjacent to and just before the crosswalk area. Sincerely, Sgt. Joseph Shairs, Traffic/Safety Officer Beverly Police Department Refer to Legal Affairs & Parking and Traffic Commission #93 Mr. Timothy Flaherty, City Council President City Hall, 191 Cabot Street Beverly, MA 01915 March 21, 2008 Mr. Richard Dinkin, Planning Board Chairman City Hall, 191 Cabot Street Beverly, MA 01915 RE: Proposed OSRD Amendments from Open Space and Recreation Dear President Flaherty, Chairman Dinkin, Council and Planning Board Members, The Open Space and Recreation Committee members appreciate the opportunity to comment on the current amendments suggested for the Open Space Residential Design Ordinance (OSRD). Rather than speak to specific provisions, the Committee feels that the Ordinance as originally passed has not been adequately tested. There has been only one proposed development filed under the OSRD since the ordinance was put in place. To amend the Ordinance before it has had a chance to be tested adequately in its present form seems premature. The Committee is particularly concerned about increasing the size of the lots under which OSRD would apply in those parts of the city in R45 and R90 zoning districts. These larger lots usually provide great opportunities for significant areas of open space to be protected from further development that is accessory to single family houses. The ordinance allows for variances or waivers in order to avoid causing a hardship to a property owner if a particular part of the provisions prove to be unworkable and onerous due to the unique nature of a specific parcel of land. We suggest that the OSRD ordinance should not be amended until the guidelines have been applied to several properties and the city has more experience with it. The OSRD can be amended at a later date if need be. It would be much more fruitful in the long-term for the city to reconsider the guidelines based on real issues rather that speculation of what might happen under certain scenarios. Thank you again for the chance to offer input from our Committee. Regards, Robert Buchsbaum, Chairman Refer to Legal Affairs #94 Mr. Timothy Flaherty, City Council President City Hall, 191 Cabot Street Beverly, MA 01915 March 21, 2008 Mr. Richard Dinkin, Planning Board Chairman City Hall, 191 Cabot Street Beverly, MA 01915 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 14 RE: Proposed OSRD Amendments from Conservation commission Dear President Flaherty, Chairman Dinkin, Council and Planning Board Members, The Conservation Commission (Commission) appreciates the opportunity to comment on the proposed amendments to the city's Open Space Residential Development (OSRD) Zoning Ordinance. The Commission strongly supports the purpose and intent of this ordinance, as well as its creativity in balancing the often conflicting goals of supporting development while protecting conservation resources. This creativity will be essential as many of the remaining undeveloped lands zoned for residential development in the City of Beverly are infill parcels in areas with existing drainage problems, or are parcels, which have been unattractive for development due to variable topography, steep slopes, bedrock, and significant lowlands and wetland resources. The Commission, by way of state statue and local ordinance, is charged with the evaluation of impacts from proposed development projects, as well as their cumulative impact, on jurisdictional resource areas. All too often, the Commission must address complex wetland and drainage issues on a lot-by-lot basis after other land use permits have been granted. The OSRD ordinance provides the Commission with the opportunity to address these types of issues at the initial stages of the development design process. We believe the result will be better projects and fewer drainage and conservation impacts. In this light, the Commission reviewed the proposed changes to the ordinance and found two revisions that we believe need to be reconsidered: . The impact of proposed Section II Applicability . The reduction of current 100-foot buffer areas around Primary Conservation Areas. Refer to Legal Affairs #95 April 7,2008 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Attached is a list of all Petroleum Storage Licenses to be renewed for the year 2008. City Council approval is needed to complete the process for this years licensing. If you have any questions, please feel free to call either Kathy or myself regarding these licenses. Respectfully, Frances A. Macdonald, CMC, City Clerk Refer to Legal Affairs Communications, Applications and Petitions: #96 Beverly Farms-Prides Crossing 4th of July Committee request to hang banner over West Street during last three weeks of march. 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 14 Receive and Place on File #97 Claim-Emily Quirk-Fall on Hale St. Receive and Place on File Refer to City Solicitor #98 Claim-Michael Bates Receive and Place on File Refer to City Solicitor #99 Application Class II Motor Vehicle Dealers License-Beverly Motor Cars, 78 Cabot St. Ronald Cordette Refer to Legal Affairs #100 Application Taxi License NDARYD Transportation Refer to Legal Affairs #101 Comm. From George Binns relative to questions on the Ballot Refer to Finance and Property #102 Claim-Nancy Cicci Receive and Place on File Refer to City Solicitor Reports from Committees: #103 The committee on Finance and property to whom was referred the matter of Over Ride have considered said matter and beg leave to 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 14 report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council hereby sends notice to the Clerk of the City of Beverly that there will be a Referendum Election to consider the matter of a Proposition 2 ~ Over ride to be held on or after May 13, 2008 as this Council shall determine Order Read once and adopted 9-0 Vote #81 The Committee on Finance and Property to whom was referred the matter of Transfers and Appropriations totaling $181,000 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 28, 2008 at 8:00 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to an appropriation totaling $100,000 and the interdepartmental transfer of funds with existing variances to balance anticipated unfavorable variances. These transfers total $181,000 which include $30,000 for a special election. First Passage: Public Hearing Final Passage: April 7,2008 April 28,2008 April 28,2008 Order read once and adopted 9-0 Vote #83 The committee on Finance and Property to whom was referred the matter of Transfer "Police Station 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 hold a Public Hearing on Tuesday, April 22, 2008 at 7: 15 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to a transfer to account "Police Department Repairs" from "School Building Heating Plant Accounts" in the amount of One Hundred Fourteen Thousand Five Hundred Sixty-Five dollars ($114,565.00). Said sum of money to be expended under the direction of the finance Director First Passage: Public Hearing: Final Passage: April 7,2008 April 22,2008 April 22,2008 Order read once and adopted 9-0 Vote #67 The Committee on Finance and Property to whom was referred the matter of Communication relative to recycling Toters have considered said matter and beg leave to report as follows, to wit: Recommend that the City proceed with the program Order read once and adopted 9-0 Vote 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 14 #68 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Permission to sin No. Atlantic Air Lease have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached Fourth Addendum to the Lease Agreement dated April 1 , 1995 between north Atlantic Air, Inc. and the Beverly Airport Commission . Order read once and adopted 9-0 Vote #72 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Application for Sandwich Board Sign-Wallace Photography have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Sign application Order read once and adopted 9-0 Vote #76 The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Application for Second Hand Junk Dealers License - The Microphone Zone 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 #78 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for traffic study have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That a comprehensive traffic study be performed by the Traffic Commission and the Beverly Police Department in the "Shingleville" section of Beverly to include Sturtevant St., Matthies St., Echo Ave. Conway St., Pearson St., Goodyear St. in order to bring to a resolve the existing and/or future traffic problems. The objective of this study is to place signage in the most effective way to benefit the entire area Included that the Bay State Engineering Study be used. Recommend that the study be submitted to the City council before September 2, 2008. Order read once and adopted 9-0 Vote #89 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Subordination of Mortgage Ann Chiarello have considered said matter and beg leave to report as follows, to wit: 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 12 of 14 Submit the accompanying order and recommend its adoption Ordered: That his Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination of Mortgage for Ann Chiarello for property at 42 Bow Street, as per the attached communication form community Development manager William O'Hare Order read once and adopted 9-0 Vote back to committee #52 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Constable - John Ruehrwein 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 #67 The Committee on Public Services to whom was referred the matter of Communication relative to recycling Toters have considered said matter and beg leave to report as follows, to wit: Recommend that the City proceed with the program Order read once and adopted 9-0 Vote Unfinished Business: #49 Ordinance Zoning-Site Plan Review #61 Ordinance Clean Energy Advisory Committee Resolutions: #104 By Councilor Slate: Registry of Motor Vehicles RESOLUTION WHEREAS: The local office of the Registry of Motor Vehicles ("Registry"), Commonwealth of Massachusetts, is located in downtown Beverly at 176 Cabot Street: 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 13 of 14 WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: WHEREAS: The Registry has been at this location for almost 10 years; This location is conveniently located across from Beverly City Hall, allowing easy access for Beverly residents to the City Clerk's Office for necessary documentation (i.e., Birth Certificates); and the Collector's Office (Parking Ticket Fine Payments); The owner of the building, Mr. Daniel Chansky of lpswich, Massachusetts, is most Anxious for the Registry to remain in his building; Beverly provides over 350 parking spaces on-street and in low-cost municipal parking lots within a few blocks for patrons and employees of the Registry; Beverly businesses profit from the increased traffic downtown, and the Registry has generated much additional traffic for food, convenience, and other stores in the area; Beverly Main Streets, the organization promoting improvements to Beverly's downtown, supports the Registry's remaining in its present location; Future development and improvements to the downtown, both City, Main Streets', and privately funded, are dependent on increased resident and visitor patronage of downtown businesses, including the Registry; Non-renewal of the Registry's lease in downtown Beverly would have a devastating impact on the economic well-being of the community in general, downtown businesses in particular, and be less convenient for Beverly residents if moved to another community; THEREFORE BE IT RESOLVED: That the Mayor and the Beverly City Council Of the City of Beverly urgently request the Governor, our State Senator and State Representative, and the Department of Capital Asset Management ("DCAM") renew the lease for the Registry at its present location, and that the City Clerk spread a copy of this Resolution upon the City Records. Recommend adoption of the Resolution 9-0 Vote Motions and Orders: #103 By Councilors Hobin, Grimes, Cronin and Slate Ordered: That the following question be placed upon a ballot at a special election to be held on May 13, 2008 as a binding override of the limitations on taxation imposed by General Laws, Chapter 59, Section 21 C, paragraph (D "Shall the City of Beverly be allowed to assess an additional $2,500,000 in real estate and personal property taxes for the purposes of funding the operating budget of the Beverly Public Schools for which the monies from this assessment will be used for the fiscal year beginning July first, tow thousand and eight?" Refer to Finance and Property #105 By Councilor Slate: Ordered: That in connection with the reopening of the food market ("Beverly's Market", formerly "Bell Market") at 206 Cabot Street, the following changes in parking signs be made: Change the "No Parking / Loading Zone" sign in front of the store to "15 Minute Parking", thereby allowing the latter between Bow and 4/16/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 14 of 14 Wallis Streets along that side of Cabot Street; and Change the parking on the Bow Street side of the building to "15 Minute Parking" from Cabot Street to the curb cut / loading zone, and Change the parking on the Bow Street side of the building from the curb cut / loading zone to "No Parking / Loading Zone" to the end of the building. Refer to Legal Affairs and Parking Commission #106 By Councilor Troubetaris Ordered: That Fred Hopps be appointed to the Clean Energy Advisory committee Recommend approval of the appointment #107 By councilor Troubetaris Ordered that the City council give permission for a POD to encroach 6 feet in the street in front of 7 Melvin Ave for a period not to exceed seven days Refer to Legal Affairs Meeting adjourned: 9: 10 PM Frances A. Macdonald, CMC City Clerk 4/16/2008