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2001-11-057:30 PM Presentation MBTA/ Operation Lifesaver RR Safety Education Program regular Meeting of Beverly City Council Nov 5, 2001regular Meeting of Beverly City Council Nov 5, 2001 Roll Call : All Councilors were present. Pledge of Allegiance to the Flag : Led by Councilor McGlynn Appointments: Acceptance of Minutes of Previous Meeting: Meeting of Oct. 15, 2001 Communications from His Honor the Mayor : #272 November 5, 2001 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 Agreements for the following: Property owned by Steven Warren 30 Charnock Street Property owned by Theresa Vitale 30-32 West Dane Street Also attached are communications from Nancy Ormiston, Financial Administrator, concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Legal Affairs and Accounts #273 November 5, 2001 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following Alternate Members of the Zoning Board of Appeal to serve as full-time members of the Board: Andrea Fish 14 Hillcrest Road Replaces Day Ann Kelley – Term until January 31, 2004 149 Scott Ferguson 2 Palmer Road Replace Martin J. Freeman – Term until January 31, 2004 Mark B. Schmidt 16 Bertram Street Replace Leonard Bertaux – Term until January 31, 2003 Very truly yours, William F. Scanlon, Jr., Mayor Communications from other City Officers and Boards #274 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Members of the Council As you are aware, the City of Beverly has two affordable housing development units which were approved by the Board of Aldermen and Board of Appeals several years ago. Dunham Castle Condominiums on Dunham Road and Dane Square Condominiums on Dane Street were approved in the late 1980’s with the condition that a certain number of units in each development be set aside for first time home buyers from Beverly. Whenever the owner of one of these affordable housing units wishes to sell his or her condominium, the deed restriction for the units require the owner to notify the City. The City then attempts to find a buyer who meets the specified eligibility requirements, usually with success. The guidelines and deed restrictions that to with each affordable housing unit also require that the City be given the option of purchasing the unit. If the City decides not to exercise that option, it must execute a “Waiver of Right of First Refusal.” This waiver only applies to the transfer in question at the time. The deed restriction requires that such a waiver be signed before each and every change in ownership. The owner of Unit #205 in the Dane Square Condominium development, Mr. Robert P. Gagnon, is in the process of selling his unit. Accordingly, I am forwarding the attached Waiver of Right of First Refusal to the Council for its consideration, and hopefully its authorization for the Mayor to execute the waiver on the City’s behalf. Mr. Gagnon is anxious to sell his unit as soon as possible. Thank you for your response to this request. If you have any questions, on the process of the waiver itself, pleas do not hesitate to contact me in the Planning Dept. Very truly yours, Debra A. Hurlburt Assistant Planning Director Referred to Legal Affairs and Accounts Communications, Applications and Petitions #275 Comm from Alexander and Femino re deed Sam Fonzo Realty Trust II to City of Beverly for public way know as Sam Fonzo Drive. Referred to Legal Affairs and Accounts 150 #276 Communication from Montserrat College of Art relative to Montserrat Community partnership. Refer to Public Service and Aid #277 Petition of Mass Electric re installation of 2 3” pvc conduits on Tall Tree Drive Refer to Public Service and Aid #278 Claim-Carl Pezzella Receive and place on file Refer to City Solicitor #279 Comm from MassHighway relative to Special Speed Regulation 7799 for Sam Fonzo Drive. Refer to Legal Affairs and Accounts #280 Application to sell Christmas Trees-Rochna’s Treeland, 484 Rantoul Street Referred to Legal Affairs and Accounts Reports from Committees: #234 The Committee on Legal Affairs and Accounts to whom was revered the matter of Wetlands Protection Ordinance have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly will hold a Public Hearing on Monday, November 19, 2001 at 7:30 PM at City Hall, 191 Cabot Street, Beverly, MA relative to the Proposed Wetlands Protection Ordinance as presented by the Beverly Conservation Commission. 9-0 Vote Order read once and adopted #249 The Committee on Legal Affairs and Accounts to whom was revered the matter of Appointment-Beverly Planning Board, Elizabeth McGlynn, Barry Sullivan, Richard Dinkin have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted 151 #250 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Zoning Board of Appeal Alternate Member, John Colucci have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 9-0 Vote Order Read once and adopted #254 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Beverly Commission on Disabilities-Kathern Tracy have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #255 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Beverly Commission on Disabilities-Kevin Gallant, Elise Bernstein, Eileen Twiss have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 vote Order read once and adopted #258 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Cemetery Board of Managers, Eugene Wood have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #259 The Committee on Legal Affairs and Accounts to whom was referred the matter or Appointment-Board of Registrars, Charles McShane, Marjorie Thompson, and Joseph Pietrini have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #261 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment- Conservation Commission John Donnelly have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted 152 #262 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-John Cassola as temporary Chief of Police have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #264 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request to hang banner-first Night Beverly 2002 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 First Night 2002 be allowed to hang a banner across Cabot Street from November 26, 2001 until January 8, 2002 and be it further ordered that they be properly insured and that the banner be hung by a licensed rigger 9-0 Vote Order read once and adopted #272 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement-Vitale, 30/32 West Dane Street 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 Vitale, 30/32 West Dane Street as per the attached communication from Nancy Ormiston, Financial Administrator, Community Development. 9-0 Vote Order read once and adopted #272A The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement-Warren-30 Charnock Street 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 Warren, 30 Charnock Street as per the attached communication from Nancy Ormiston, Financial Administrator, Community Development. 9-0 Vote Order read once and adopted #215 The Committee on Public Service and Aid to whom was referred the matter of Sidewalk Completion- Dolloff and Bridge Streets have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted 153 #216 The Committee on Public Service and Aid to whom was referred the matter of Sidewalk completion-Livingstone Avenue have considered said matter and beg leave to report as follows: Receive and Place on File 9-0 Vote Order read once and adopted #274 The Committee on Public Service and Aid to whom was referred the matter of Waiver of Right of First Refusal, Dane Square Condominium, Robert Gagnon have considered said matter and beg leave to report as follows: Receive and Place on File 9-0 Vote Order read once and adopted #247 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Peter Simpson Beverly Airport Commission have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #251 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Joseph Dettore and Cynthia Montalbano to Council on Aging have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointments 9-0 Vote Order read once and adopted #252 The Committee on Public Service and Aid to whom was referred the matter of Appointment- Parks and Recreation Commission Lisa McFadden have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointments 9-0 Vote Order read once and adopted #253 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Library Board of Trustees Joanne Avallon have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointments 9-0 Vote Order read once and adopted 154 #257 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Cable TV Advisory Commission-Arthur Crandall and Robert Lee have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointments 9-0 Vote Order read once and adopted #260 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Open Space and Recreation Commission Lon Hamor have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointments 9-0 Vote Order read once and adopted #277 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for the installation of conduits in Tall Tree Drive. Submit the accompanying order and recommend its adoption Ordered That the City Council of the City of Beverly hold a public hearing on Monday, November 19, 2001 at 7:58 PM in Council Chambers, at 191 Cabot Street, Beverly, MA relative to a Petition of Massachusetts Electric Company for installation of two 3” pvc conduits on Tall Tree Drive. 9-0 Vote Order read once and adopted Resolutions: #281 Resolution honoring Pamela McGrath Beverly Chamber of Commerce Unfinished Business: Motions and Orders: Meeting adjourned: 8:30 PM Frances A. Macdonald, CMC City Clerk ` 155