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2013-10-01Special Meeting Page 1 of 4 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, October 07, 2013 1:47 PM To: pguanci @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov; wslate @beverlyma.gov; mtroubetaris @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: Special Meeting 10- 1- 13.doc Special Meeting Beverly City Council 7:00 PM October 1, 2013 Roll Call: Councilors P. Guanci D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Brett Schetzsle, Jason Silva. Pledge of Allegiance to the Flag: Councilor Dullea Acceptance of Minutes: Public Speakers: - Public Hearings: Presentations, Awards and Memorials: #163 Call for a Special Meeting Communications from His Honor the Mayor: Communications from other City Officers and Boards: #128 -A September 25, 2013 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: CITY COUNCIL ORDER #128: PROPOSED AMENDMENT TO CITY OF BEVERLY ZONING MAP TO REZONE APPROXIMATELY 2.5 ACRES OF STATE -OWNED LAND ON BRIMBAL AVENUE FROM IR TO IR OVERLAY Dear Honorable Council: The Beverly Planning Board ( "the Board ") heard testimony on the above - referenced zoning proposal at public hearings conducted on September 3, 2013, September 16, 2013 and September 19, 2013. A copy of the Order is 10/9/2013 Special Meeting attached for your reference. Page 2 of 4 After closing the public hearing on September 19, 2013, the Board conducted a special meeting at which it voted unanimously (9 -0) to recommend that the Order be adopted as proposed. Respectfully, Richard Dinkin Chairman Refer to Legal Affairs Communications, Applications and Petitions: Reports from Committees: #134 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Communication from the Mayor re: Power Purchase Agreement — Pilot Agreement (City & Cabot Beverly LLC. 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 of the City of Beverly authorize the Mayor to execute the following documents in regards to the development of a 2.6 megawatts DC solar field located at 3 Cailin Road, Beverly. 1. Off -site Net Metering Credit Purchase Agreement By and Between the City and Cabot Beverly, LLC 2. Agreement for Payment in Lieu of Taxes between the City and Cabot Beverly, LLC Order read once and adopted 7 -2 Vote Councilors Martin and Schetzsle against Motion made for reconsideration Councilor Slate Motion failed 0 -9 #158 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Request from WAM General Contractors to close a section of sidewalk at the rear of 364 Rantoul St. on Park St. for the purpose of constructing a retaining wall have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request 10/9/2013 Special Meeting Order read once and adopted 9 -0 Vote #134 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Page 3 of 4 Communication from the Mayor re: Power Purchase Agreement — Pilot Agreement (City & Cabot Beverly LLC. 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 of the City of Beverly authorize the Mayor to execute the following documents in regards to the development of a 2.6 megawatts DC solar field located at 3 Cailin Road, Beverly. 3. Off -site Net Metering Credit Purchase Agreement By and Between the City and Cabot Beverly, LLC 4. Agreement for Payment in Lieu of Taxes between the City and Cabot Beverly, LLC Order read once and adopted 7 -2 Vote Councilors Martin and Schetzsle against Motion made for reconsideration Councilor Slate Motion failed 0 -9 #154 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for right of first refusal 36 Dunham Road Unit 104 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 of the City of Beverly authorize the Mayor to execute the attached document relative to the waiver of right of first refusal for Unit #104 Dunham Road Condominium @ 36 Dunham Road, Beverly, MA. Order read once and adopted 9 -0 Vote #158 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request from WAM General Contractors to close a section of sidewalk at the rear of 364 Rantoul St. on Park St. for the purpose of constructing a retaining wall have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 9 -0 Vote 10/9/2013 Special Meeting Page 4 of 4 Motions and Orders: Order # 160 Late File ORDERED: That the Engineering Department of the City of Beverly be authorized and directed to waive any surcharges that might otherwise apply under the Engineering Department's Rules and Regulations for the Opening of Streets & Sidewalks concerning 86 Bisson Street in connection the installation of a gas line connection at that location. A Memo of support for this Order from the City Engineer Eric Barber is attached. In brief, the homeowners of 86 Bisson Street experienced a one - time -only procedural event during the period when the Engineering Department was implementing its mandatory surcharge rules. Through no fault of the homeowners, when taking out a bank loan for a gas line hook -up they relied to their financial detriment on Engineering Department rules and procedures in effect prior to the department' s adoption and implementation of the mandatory surcharge rules. The requested waiver will cure what effectively would be a retroactively imposed surcharge. Respectively Submitted, Scott Houseman City Councilor, Ward 4 Refer to Legal Affairs Unfinished Business: Final Passage: Meeting Adjourned 7:07 PM Attest: Kathleen P. Connolly, CIVIC City Clerk 10/9/2013