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2008-05-22 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, May 20, 2008 2:35 PM To: minutes@beverlyma.gov Subject: 08.may19.doc Regular Meeting Beverly City Council 7:00, PM May 22, 2008 Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, , Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty, Councilor Patricia Grimes was absent Pledge of Allegiance to the Flag: Led by Councilor Hobin Public Hearings and Public Speakers: 7:02 PM Main Streets Presentation 7:20 PM Open Space and Recreation Semi Annual Report Acceptance of Minutes: Meetings of May 5, 2008 Appoi ntments: Presentations, Awards and Memorials: #127 Eagle Scout - Zachary Spurr Communications from His Honor the Mayor: #128 May 19, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Tracy Geary, 5 Crosby Avenue, Beverly, MA 01915, to serve as a 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8 member of the Park and Recreation Commission. She will fill the unexpired term of Debbie Ploszay and her term will be effective until December 31, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #129 May 19, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. William Lowd, 18 Pierson Street, Beverly, MA 01915, to serve as the Parks and Recreation Commission representative to the Beverly Golf and Tennis Commission. He will replace Mr. Gary Lampert and his term will be effective until February 1, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Service #130 May 19, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Patrick McGowan, 111 Water Street #12, Beverly, MA 01915 to serve as the Downtown Business Owner position on the Design Review Board. He will fill a vacant position and his term will be effective until December 1, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #131 May 19, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8 Please amend my appointment letter for William Bent to include that his term on the Parking and Traffic Commission will be effective until March 1, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #132 May 19, 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 the Parks and Recreation Commission representative to the Open Space and Recreation Committee: Michael Ralbovsky 10 Eleanor Avenue Beverly, MA 01915 His term will be effective until August 31, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: #133 Open Space and Recreation Semi-Annual Report Receive and Place on File 8-0 Vote #134 Communication from Open Space and Recreation committee re YMCA Sterling Center-Encroachment into city right-Of-Way Refer to Finance and Property 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of8 Communications, Applications and Petitions: #135 TEC Associates Mass Bay Commuter Railroad's 2008 Vegetation control Program Receive and Place on File #136 Amendments to OSRD Site Plan from Michael and Fiona Kerr Refer to Legal Affairs #137 Petition national Grid for Conduits in concrete in Conant Street and one (1) jointly owned pole and miscellaneous overhead equipment in Conant St. Refer to Public Services #138 Communication from Martins Design & Construction relative to temporary sidewalk easement to erect scaffolding at 246/248 Cabot St. and dedication of three parking spaces for placement of dumpster and deliveries during construction. Refer to Public Services and Parking & Traffic #139 Communication form American Diabetes Association tour de Cure, 2008 on June 8, 2008 Receive and Place on File #134 A Communication from Planning Director relative to Encroachment into City Right-O-Way / Essex Street and the YMCA Refer to Finance and Property #140 Communication from Town of Danvers to confirm intent of Town to waive payment of the In-Lieu-Of- Tax fee assessed to the City of Beverly in conjunction with the operation of the Airport. Receive and Place on file #141 Communication from Planning Department relative to the appointment of Richard Hutchinson to Parking and Traffic Commission 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8 Refer to Public Services Regorts from Committees: #24A The Committee on Legal Affairs to whom was referred the matter of Communication from Planning relative to OSRD have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order Read once and adopted 8-0 Vote #109 The Committee on Legal Affairs 1 Committee of the Whole to whom was referred the matter of Open Space Residential Design Site Plan Application Beaver Pond Road have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #119 The Committee on Legal Affairs 1 Committee of the Whole to whom was referred the matter of Appointment-Design Review Board Jane Brusca have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointment Order read once and adopted 8-0 Vote #121 The Committee on Legal Affairs 1 Committee of the Whole to whom was referred the matter of Request to waive ordinance relative to 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 Lynch Park on Wednesday, June 11, 2008from 5:00 PM to 8:00 PM, to be held by the Mary Grant Re-Election Committee. Order read once and adopted 8-0 Vote #122 The Committee on Legal Affairs 1 Committee of the Whole to whom was referred the matter of Request to waive ordinance relative to 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 Public Library on Tuesday, May 20, 2008 at 7:30 PM to be held by the Beverly Democratic City Committee. 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8 Order read once and adopted 7-0 Vote Councilor Slate abstained #124 The Committee on Legal Affairs 1 Committee of the Whole to whom was referred the matter of Application for Petroleum Storage License, 61 Cabot Street have considered said matter and beg leave to report as follows, to wit: Recommend the License Be Granted Order read once and adopted 8-0 Vote #125 The Committee on Legal Affairs 1 Committee of the whole to whom was referred the matter of Communication from Scott Houseman relative to amendments to OSRD have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #115 The Committee on Public Services 1 Committee of the Whole to whom was referred the matter of Appointment-Clean Energy Advisory Committee-Thomas Keeley have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the appointments Order read once and adopted 8-0 Vote #116 The Committee on Public Services 1 Committee of the whole to whom was referred the matter of Appointment Library Board of Trustees- Dennis Geller 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 #117 The Committee on Public Services 1 Committee of the Whole to whom was referred the matter of reappointment Beverly harbor Management Authority Sylvan Menezes and appointment as the harbor Authority's representative to Open Space and Recreation. Recommend the Council approve the appointment Order read once and adopted 8-0 Vote #118 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8 The Committee on Public Services 1 committee of the Whole to whom was referred the matter of appointment to Beverly Harbor Management Authority - George Simon 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 #137 The Committee on Public Services to whom was referred the matter of Petition of 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 Monday, June 2, 2008 at 7:05 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to the enclose petition of National Grid for the installation of 2 4" concrete encased conduits and one JO pole, with miscellaneous overhead equipment in Conant St. - Order read once and adopted 8-0 Vote Unfinished Business: #55 Order held by Councilor Burke as per Charter Provisions Rules and Orders of the Council as amended. By deleting #6 Sec. B 8-0 Vote Motions and Orders: #142 By Councilor Slate: Ordered: That the speed limit on the following side streets leading to the Bartlett Gardens (Gilbert) Playground be reduced and posted as 5 MPH: May Street Central Court Fossa Terrace Wentzell A ven ue Smith Street That the speed limit on the following portion of Lovett Street be reduced and posted as 10 MPH: Lovett Street between Bartlett and Smith Streets Refer to Legal Affairs and Parking and Traffic Commission #143 5/22/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f8 By Councilor Martin: Ordered: That the City Council reappoints Pam Kampersal as the Ward 5 Representative to the Open Space and Recreation Committee. Her term will expire May 31, 2011. Refer to Public Services #144 By Councilor Cronin: Ordered: I hereby reappoint, subject to your review and recommendation, Liz Dunne, 16 Greenwood Ave. Beverly, Ma to serve as the Ward 6 Representative to the Open Space and Recreation Committee. Her term to be effective until August 31, 2011. Refer to Public Services Meeting adjourned: 8:10 PM Frances A. Macdonald, CMC City Clerk 5/22/2008