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2009-07-07 Special Meeting Page 1 of5 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Monday, July 13, 2009 9:41 AM To: minutes@beverlyma.gov Subject: 09.juI7sp.doc Special Meeting Beverly City Council 7:50, PM July 7,2009 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 Allegiance to the Flag: Led by Councilor Grimes Public Hearings and Public Speakers: 7:00 PM Public Hearing National Grid Refer to Public Services 7:05 PM Public Hearing Interdepartmental Transfers Refer to Finance and Property Presentation by Mike Collins, Commissioner of Public Services Acceptance of Minutes: Meeting of June 15, 2009 Specials of June 22 and June 25, 2009 Call for Special Meeting: #109 By Council President Flaherty for July 7, 2009 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #110 July 7, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Christopher P. Chigas, 10 Lowell Street, Peabody, MA 01960, to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Chigas' letter of request for reappointment which has been approved by Police Chief Mark Ray. Mr. Chigas' term will be effective until June 30, 2012. Very truly yours, William F. Scanlon, Jr., Mayor 7/13/2009 Special Meeting Page 2 of5 Recommend the Council approve the appointment 8-0 Vote #111 July 7, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Dr. Mayo Johnson, 256 East Lothrop Street, Beverly, MA 01915, to serve as a member of the Conservation Commission. His term will be effective until June 30, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Recommend the Council approve the appointment 8-0 Vote #112 July 7, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Council on Aging: Mary Lou Mital 93 Cross Lane Beverly, MA 01915 Claire-Marie Hart 5 Cornell Road Beverly, MA 01915 Blair Smith 6 Ryan Place Beverly, MA 01915 Their terms to be effective until June 30, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Recommend the Council approve the Appointment 8-0 Vote #113 July 7, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Gail Eaton, 45 Rantoul Street, #315, Beverly, MA 01915, to serve as a member of the Local Cultural Council. Her term will be effective until April 30, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #114 July 7, 2009 Honorable City Council City Hall Beverly, MA 01915 7/13/2009 Special Meeting Page 3 of5 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Anthony Kline, Esq., 510 Hale Street, Beverly, MA 01915, to serve as Beverly's citizen representative to the Salem/Beverly Water Supply Board. Mr. Kline's appointment will be effective until July 1, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Recommend the Council approve the Appointment 7 -1 Vote Burke Against Communications from Other City Officers and Boards: Communications, Applications and Petitions: #115 Petition National Grid for JO Pone to accommodate shifting of the road Dix Way Refer to Public Services #116 Comm from R. Maglio relative to order relative to MBT A Garage project, and related items Receive and Place on File Reports from Committees: #93 The Committee on Finance and Property to whom was referred the matter of Interdepartmental 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 for the enclosed interdepartmental transfers: CITY OF BEVERLY FISCAL 2009 END OF YEAR BUDGET TRANSFERS UNION SALARY TRANSFERS ORG 11324 11324 11211 11351 11381 11411 11451 11511 11521 11531 11611 11621 11751 12001 12101 12201 12411 Department Reserve for Unforeseen Reserve for Union Negotiations Executive Accounting Info Systems Assessors Treasurer Solicitor Procurement Human Resources City Clerk City Clerk Planning Animal Control Police Fire Building 7/13/2009 Amount (308,264.35) 130,000.00 1,087.84 3,993.82 1,325.53 2,744.06 4,427.33 816.92 1 ,340. 11 1,817.72 1,769.79 995.72 4,499.50 1 ,166.22 4,852.66 3,340.68 5,714.47 Special Meeting Page 4 of5 12451 14101 15101 15411 15431 16201 12201 Electrician Engineering Health Council on Aging Veterans Recreation Fire 1,665.75 5,526.99 4,869.58 7,616.16 1 ,233.63 2,459.87 115,000.00 OTHER TRANSFERS ORG Department Amount 11324 Reserve for Unforeseen (100,000.00) 11413 Assessors 25,000.00 11512 Solicitor 25,000.00 11923 Public Property (15,000.00) 12452 Electrician 15,000.00 13154 North Shore Regional Voke 69,736.00 14102 Engineering (43,736.00) 15434 Veterans (12,000.00) 19141 Health Insurance (15,000.00) 19606 State Assessments 51,000.00 Public Hearing: July 7, 2009 Final Passage: July 7, 2009 Order read once and adopted 8-0 Vote #100 The committee on Legal Affairs to whom was referred the matter of appointment O\to Conservation Commission of Anthony Palyuzzi have considered said matter and beg leave to report as follows, to wit Recommend the council approve the appointment Order read once and adopted 8-0 Vote #115 The Committee on Public Services to whom was referred the matter of Petition National Grid 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 will hold a public hearing on Tuesday, September 8, 2009 at 7: 15 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to the enclose petition of National Grid for relocation of JO pole #3179 to accommodate shifting of the road Dix Way Ordinance Read once and adopted 8-0 Vote #108 The Committee on Public Services to whom was referred the matter of Petition National Grid for approximately 100' of UG conductor and Conduit in the public way to accommodate upgrade at 16 Bay View Avenue have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted Order read once and adopted 8-0 Vote #50 The Committee on Public services to whom was referred the matter of Beautification Program for downtown Business have considered said matter and beg leave to report as follows, to wit: 7/13/2009 Special Meeting Page 5 of5 Receive and Place on File Order read once and adopted 8-0 Vote #103 The Committee on Public Services to whom was referred the matter from clean Energy Advisory Committee have considered said matter and beg leave to report as follows to wit: Receive & Place Order read once and adopted 8-0 Vote Unfinished Business: #72 Zoning Ordinance re Parking and Inclusionary Zoning Motions and Orders: #117 By Councilor Grimes: The Code of Ordinances, City of Beverly, Massachusetts is hereby amended by adding the following language after the end of the last sentence of Section 3-318, as most recently amended by Council Order 174A of 2008, the following: The Commissioner of Public Services, Public Works and Engineering shall, prior to July 1, 2010 and prior to July 1 of each subsequent year ending in an even number, submit to the Clerk of the City Council a written paving management plan. Such plan shall include, but need not be limited to, a list of repairs to be made upon all highways, streets and bridges; the criteria of selection, estimates of cost and funding sources, planned time sequence of such repairs, estimates of when such repairs shall occur, and provision for emergency repairs. Each such plan shall, as soon as may be practicable, be reviewed by the City Council, which may refer said plan to the Committee on Public Services. Refer to Legal Affairs #118 By Councilor Slate: The Massachusetts Bottle Bill A Resolution Whereas The Massachusetts Bottle Bill, enacted in 1982, has allowed Beverly residents to enjoy a cleaner environment by creating an incentive for users of certain beverage containers to recycle those used containers; and, Whereas, states with deposit laws have higher residential recycling rates of beverage containers than those of non-deposit states, and; Whereas litter decrease in states with Bottle Bills averages 70-850/0, and, Whereas, through the Massachusetts Bottle Bill, we recycle nearly 800/0 of deposit containers, but only 200/0 of non-deposit containers, and Whereas the Governor of the Commonwealth, and members of the Massachusetts Senate and House of Representatives have recognized that the original bottle bill does not take into account those beverages such as bottled water, sports drinks, and teas. Whereas the addition of bottled water, sports drinks, and teas to the Bottle Bill will decrease the total volume of municipal solid waste that is needed to be collected, thus saving disposal fees and landfill spac THEREFORE BE IT RESOLVED: That the Mayor and the City Council of the City of Beverly commemorate the 27th anniversary of the implementation of the Massachusetts Bottle Bill. Furthermore, Be It Resolved that the City of Beverly be placed on record as being in support of the Massachusetts Beverage Container Deposit Law and encourages its strengthening through expanding the list as recommended by the Governor in his proposed budget and currently being considered by the House and Senate Joint Committee on Telecommunications, Utilities and Energy. Furthermore, Be It Resolved that the City of Beverly goes on record in supporting programs that encourage residents and visitors to return or recycle all beverage containers and other recyclable materials to fully utilize the currently available recycling programs. Be it Further Resolved that the City of Beverly request that our State Representative and State Senator, and our Governor support and vote in favor of updating the Massachusetts Container Beverage Law, and that the City Clerk spread a copy of this Resolution upon the City Records. Recommend the Council approve the resolution Meeting adjourned: 8:37 PM Frances A. Macdonald, CMC City Clerk 7/13/2009