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2008-06-02 Regular Meeting Beverly City Council 7:00, PM June 2, 2008 Roll 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 Alleg iance to the Flag: Led by Councilor Troubetaris Public Hearings and Public Speakers: 7:02 PM Renee Mary Re OSRD 7:05 PM Richard Benevento re Parking & Traffic Commission 7:15 PM Continuation of OSRD Public Hearing Hearing Closed on 5-4 Vote Coughlin, Grimes, Hobin and Troubetaris voting against Referred to Leqal Affairs Acceptance of Minutes: Meetings of May 19, 2008 Appointments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #145 June 5, 2008 The Honorable City Council Beverly City Hall, 191 Cabot Street Beverly, MA 01915 RE: FEDERAL HEIGHTS - 48 FEDERAL STREET - AFFORDABLE HOUSING UNITS Dear Honorable Council: You will recall that in March 2008, this Council authorized my signature on the Local Initiative Program (LIP) application and regulatory agreement relative to 2 new affordable housing units in the Federal Heights development at 48 Federal Street. Eventual approval of the LIP application by the Massachusetts Department of Housing and Community Development (DHCD) will guarantee that the units will be counted toward Beverly's Subsidized Housing Inventory in the future. I have been notified of one desired change to the LIP application and regulatory agreement. DHCD has requested that the deed rider, originally included as Exhibit C in the LIP regulatory agreement, be replaced with DHCD's current model deed rider. The approved documents included an older version. A copy of the current model deed rider is enclosed for your information. I hereby request City Council authorization to sign off on this change to the LIP application and regulatory agreement as described above. 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 Leqal Affairs Communications from Other City Officers and Boards: 81 Communications, Applications and Petitions: #146 BF - PC 4th of July Committee request to hang banner over west St. Refer to Leqal Affairs #147 Application-Auctioneers License-Kaminski Auctioneers Refer to Leqal Affairs #148 Application-Second Handjunk Dealers License-Treqsures-505 Rantoul Street Refer to Leqal Affairs #149 Request waiver of Ordinance re Alcohol in public building-Beverly Farms Library June 12, 2008 Refer to Leqal Affairs # 150 Application Second Hand Junk Dealers License - Second Avenue, 202 Rantoul Street Refer to Leqal Affairs Reports from Committees: #114 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment- Constable James Smith 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 Legal Affairs / Committee of the Whole to whom was referred the matter of Comm. re OSRD 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 #146 The Committee on Legal Affairs 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 the banner is hung by a licensed rigger and that the organization is properly insured. Order Read once and adopted 9-0 Vote 82 #147 The Committee on Legal Affairs to whom was referred the matter of application Auctioneers License Kaminski Auctioneers have considered said matter and beg leave to roport as follows, to wit: Recommend the License be Granted Order read once and adopted 9-0 Vote #149 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request to waive ordinance alcohol in public building 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 waive the Ordinance, Alcohol in a Public Building, for an occasion at the Beverly Farms Library on Thursday, June 12, 2008 from 6:00 to 8:00 PM fro an Art Show by Joanne Fossa. Order read once and adopted 9-0 Vote #128 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Parks and Recreation - Tracy Geary 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 #129 The Committee on Public Services / Committee of the whole to whom was referred the matter of Appointment Parks and Recreation Commission representative to Beverly Golf and Tennis Commission William Lowd 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 #132 The Committee on Public Services / Committee of the Whole to whom was referred the matter of appointment Parks and Recreation Commission representative to Open Space and Recreation Commission Michael Ralbovsky 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 #138 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request to erect staging and use of city Street at 246-248 Cabot St. 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 Martins Construction Company, Inc. to erect scaffolding and request for three dedicated parking spaces for reconstruction of property at 246-248 Cabot Street, provided they are properly insured. Order read once and adopted 9-0 Vote 83 #141 The Committee on Public Services / committee of the Whole to whom was referred the matter of appointment to Parking and Traffic Commission Richard Hutchinson 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 #143 The Committee on Public Services to whom was referred the matter of appointment Open Space and Recreation Ward Five representative Pam Kampersal 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 #144 The Committee on Public Services to whom was referred the matter of appointment Open Space and Recreation Ward Six representative Liz dunne 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 Unfinished Business: Motions and Orders: #151 By Councilor Kevin Hobin: That the parking and traffic commission undertake a comprehensive evaluation of parking and traffic concerns in the area of East Street, Victor Ave and the areas surrounding Hurd Stadium .Particular interest should be placed on the parking area behind Cooney field which is currently being used by DPW. Refer to Leqal Affairs and Parkinq and Traffic Commission #152 By Councilor Kevin Hobin That the Mayor appear before finance and property subcommittee to present the sustainability portion of the five school model that was recently approved by the school committee. Refer to Finance and Property #153 By Councilor Judith Cronin: Ordered: That the City Council, in recognizing the budget crises that have annually confronted this city in recent years, shall appoint by the end of this fiscal year, June 30, 2008, an ad-hoc committee to determine the feasibility of establishing voluntary payment-in-lieu of taxes (PILOT) and/or service-in-lieu of taxes (SILOT) agreements with nonprofit institutions located in Beverly. This committee is to report back to the City Council and the Mayor by February 1, 2009, with its recommendations. The PILOT/SILOT committee will address how the nonprofit institutions may contribute to the community. According to Beverly's Chief Assessor, the current assessed value of tax-exempt parcels (land and building) not owned by the City of Beverly is $415 million, or 6% of the City's total assessed value of $6.5 billion. The committee's responsibilities would include: 84 . Identifying successful voluntary PILOT/SILOT agreements currently operating in other communities and how they might apply to Beverly. . Formulating an implementation strategy for the agreements. . Reviewing existing PILOT/SILOT agreements in Beverly and recommending, if necessary, appropriate alterations and/or substitutions. Refer to Finance and Property #154 By Councilor Cronin: Ordered: I hereby appoint, subject to your review and recommendation, Gasper Simoes, 3 Alcott Way, Beverly, MA 01915, to serve on the Clean Energy Advisory Committee. His term to be effective until June 30,2011. Refer to Public Services Meeting adjourned: 9: 1 0 PM Frances A. Macdonald, CMC City Clerk 85