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That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of9
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Thursday, November 06, 2008 3: 1 0 PM
To: minutes@beverlyma.gov
Subject: 08. nov3.doc
Regular Meeting
Beverly City Council 7:00, PM November 3, 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 Allegiance to the Flag: Led by Councilor Grimes
Public Hearings and Public Speakers:
7:15 PM Public Hearing National Grid 21 Riverview St.
Refer to Public Services
7:20 PM Presentation Open Space and Recreation Semi Annual Report
7:35 Presentation Stephen Laverty-Beverly Hospital
Acceptance of Minutes:
Meeting of October 20,2008
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#236
November 3, 2008
Honorable City Council
City Hall
Beverly, Ma 01915
11/12/2008
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Dear Honorable Council:
Last winter was especially difficult and our streets and roads demanded significant attention. As a result, snow and ice removal costs
exceeded budget by $612,619.99. This unfavorable variance was carried forward into this fiscal year as provided by law and as fully
discussed with you.
In addition, our final State Assessments for the year ending June 30, 2008 included two larger than expected charges for School Choice
and Charter School assessments totaling $57,550.
Our intent has been to absorb these costs from the Free Cash account once Free Cash had been certified by the Department of Revenue.
I am pleased to advise you that on October 21 st the Department of Revenue certified Free Cash in the General Fund in the amount of
$2,682,833 as of the start of this fiscal year.
Please take action to appropriate a total of $670,169.99 from the Free Cash account to cover the Snow and Ice and State Assessment
issues. That will leave a balance of $2,012,663 in the Free Cash account. As you know, the Free Cash account is essentially a municipal
savings account and the money in that account is available for expenditures if necessary.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#237
November 3, 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 Constables in the City of Beverly for the express
purpose of serving Civil Process:
Peter A. Davekos
5 Brookhead Avenue
Beverly, MA 01915
Paul Minsky
15 Orchard Road
Swampscott, MA 01907
Their terms will be effective until October 31, 2011.
Attached are their letters of request to be reappointed which have been approved by Police Chief Mark Ray.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#238
November 3, 2008
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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 Mortgage Agreement for property
owned by Joseph Wade at 3 Exeter Road, Beverly, MA 01915.
Attached is a communication from Community Development Director William O'Hare concerning this request.
Very truly yours,
William F. Scanlon, Jr. , Mayor
Refer to Legal Affairs
#239
November 3, 2008
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 David Lynch Public Parks Fund
Trustees:
Myrna L. Wilczek, 6 Oakhurst Road, Beverly, MA 01915
Term to be effective until September 30, 2011
Robert G. Richardson, 22 Washington Street, Beverly, MA 01915
Term to be effective until September 30, 2010
Rosalie Kerr, 12 Millbrook Road, Beverly, MA 01915
Term to be effective until September 30, 2010
Joan Fairbank, 11 Liberty Street, Beverly, MA 01915
Term to be effective until September 30, 2011
Alice Burns, 12 Museum Road, Beverly, MA 01915
Term to be effective until September 30, 2010
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#240
November 3, 2008
Honorable City Council
City Hall
Beverly, Ma 01915
11/12/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of9
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as a David Lynch Public Parks Fund Trustee:
Ms. Elizabeth Caputo
137 McKay Street
Beverly, MA 01915
She will fill the vacancy left by the passing of Barbara Feenan. Ms. Caputo's term will be effective until September 30, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#241
November 3, 2008
Honorable City Council
City Hall
Beverly, Ma 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to serve as permanent members of the Zoning board
of Appeal:
Ms. Jane Brusca, 11 Greenwood Ave.
Term to be effective until January 31, 2012
Mr. Joel Margolis, 1 Worthington Green Beverly, Ma
Term to be effective until January 31, 2011
These members have currently been serving in an alternate capacity and will fill the expired terms of members who have resigned.
Very truly your,s
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from Other City Officers and Boards:
#170A
October 27, 2008
Beverly City Council
191 Cabot St.
Beverly, MA 01915
RE: Planning Board Action on city council Order #170
Dear Members of the Council:
At the meeting of the Beverly Planning Board held on Tuesday, October 21, 2008, members of the Board discussed City Council Order
#170 for Planning Board review and recommendation of Zoning Ordinance Section 29-5.1. "Pork Chop shaped Lots". After a brief
11/12/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of9
discussion, members expressed concern over the overly general nature of the request. Ultimately the Planning board voted to recommend
to the council that, in the event the Council desires a general review of the pork chop lot ordinance, it should consult with Planning Staff
rater than the Planning Board for a professional opinion. In the event that the Council has specific amendments to this ordinance in mind,
the Board recommended that the traditional procedures for amending a zoning ordinance, as described in M. G. L. c.40A, s. 5, should be
followed.
Please take note that Planning Staff recently provided the Planning Board with a history of the reasoning for adoption and amendment of
the pork chop lot ordinance in the past and a recommendation letter. These materials are enclosed for councilors' information.
Sincerely,
Richard Dinkin, Chairman
Refer to Legal Affairs
#230A
October 22, 2008
Honorable City Council
191 Cabot St.
Beverly, MA 01915
RE; COUNCIL ORDER #230, PROPOSED ZONING AMENDMENT - CREATE NEW 'IR OVERLAY' DISTRICT ALONG BRIMBAL
AVENUE
Dear Honorable Council:
At a meeting of the Beverly Planning Board held on Tuesday, October 21, 2008, members of the Board voted to recommend to the Council
that a joint public hearing be set relative to the above referenced Order.
Sincerely,
Richard Dinkin, Chairperson
Refer to Legal Affairs
#242
Open Space and Recreation Semi Annual Report
Receive and Place on File
Communications, Applications and Petitions:
#243
Communication from City Taxi of Beverly relative to Change of Address to 100 Cummings Center Suite 326D
Refer to Public Services
#244
Application to sell Christmas Trees, Project Adventure, Inc.
Refer to Legal Affairs
#245
11/12/2008
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Communication from Essex County Greenbelt Association relative to Conservation Restrictions at 675 and 675 R Hale Street
Refer to Legal Affairs
#246
Application to sell Christmas Trees, St. Mary's Star of the Sea School
Refer to Legal Affairs
#247
Application to sell Christmas Trees, Richard Williams, at 642 Elliott St.
Refer to Legal Affairs
#248
Application Second Hand Junk Dealers License Frank Kaminski
Refer to Legal Affairs
#249
Application Fortune Tellers License-Sophia Andrianopoulos, 11 Sunset Drive
Refer to Legal Affairs
#250
Communication from Alexander & Femino relative to conveyance of property 90 and 92 Boyles Street
Refer to Finance and Property
Reports from Committees:
#134/134A
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Communication from Planning and
Open Space and Recreation relative to YMCA Sterling Center 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 communication relative to Encroachment into City Right-Of-Way / Essex Street and the
YMCA. After the signing of the Enclosed Revocable License Agreement.
Order read once and adopted 8-0 Vote Council Cronin Recuesed
#231
11/12/2008
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The Committee on Finance and Property to whom was referred the matter of Appointment Financial Forecasting Committee - Steve
Cohen 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
#233
The Committee on Finance and Property to whom was referred the matter of Fees for Beverly Golf & Tennis Club
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 enclosed Permit Holder Annual Fee Schedule for the 2009 Golfing Season.
Order read once and adopted 8-0 Vote Councilor Coughlin recuesed
#236
The Committee on Finance and Property to whom was referred the matter of Appropriation of Funds 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 Monday, November 17, 2008 at 7:30 Pm in council Chambers, third Floor, City
Hall, 191 Cabot St., Beverly, MA relative to an appropriation of funds from the free cash account to cover the Snow and Ice and State
Assessment issues in the amount of $670,169.99 That will leave a balance of $2,012,663 in the Free Cash account.
First Passage:
Public Hearing:
Final Passage:
Nov. 3, 2008
November 17,2008
November 17,2008
Order read once and adopted 9-0 Vote
#77
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for Zoning change, 449 Cabot
Street 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
#99
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application Class II MVDL Beverly Motor
Cars matter and beg leave to report as follows, to wit:
11/12/2008
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Receive and Place on File
Order read once and adopted 9-0 Vote
#230A
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for Zoning change, 140 Brimbal
Ave. 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 will hold a Joint Public Hearing with the Beverly Planning Board on Monday,
December 1, 2008 at 7:30 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, Ma relative to the proposed amendments to the
Beverly Zoning Ordinance relative to the property at 140 Brimbal Ave.
Order read once and adopted 9-0 Vote
#238
The committee on Legal Affairs to whom was referred the matter of subordination of mortgage have considered said matter and beg leave
to report as follows, to wit;
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 AGREEMENT for
Joseph Wade, 3 Exeter Road, as per the attached communication from Community Development Manager William O'Hare.
Order read once and adopted 9-0 Vote
#212
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment commission on Disabilities
John Swain 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
#218
The Committee on Public Services / Committee of the Whole to whom was referred the matter of request for crosswalk at Opal and Green
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
Unfinished Business:
#207 Ordinance rezoning of Waterfront Area
11/12/2008
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Motions and Orders:
#251
By Councilor Flaherty:
Appointments Troubetaris and Grimes to Financial Forecasting Committee
Appointment Kevin Hobin Ordinance Review Committee with Slate and Grimes
Order read once and adopted 9-0 Vote
Meeting adjourned: 8:09 PM
11/12/2008
Frances A. Macdonald, CMC
City Clerk