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2008-09-15 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 12 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Thursday, September 18, 2008 8:43 AM To: minutes@beverlyma.gov Subject: 08.sep15.doc Regular Meeting Beverly City Council 7:00, PM September 15, 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 Troubetaris Public Hearings and Public Speakers: 7:00 PM Mayor Scanlon 7:15 PM #186 #201 Petition National Grid - Cabot Street at Elliott Street Refer to Public Service 7:20 PM Presentation Salem Partnership 7:35 PM ECDC Councilor Patricia Grimes Acceptance of Minutes: Meeting of September 2, 2008 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #207 September 15. 2008 Honorable City Council 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of 12 City Hall Beverly, MA 01915 Dear Honorable Council: Attached is a proposal from Planning Director Tina Cassidy for several zoning changes which will facilitate redevelopment while clarifying several points in need of further definition. Your former colleague, Miranda Gooding, has worked closely with Tina Cassidy to develop these changes. You will note that the proposed changes will help move the waterfront restaurant proposal forward but have other positive consequences as well. Tina Cassidy will be pleased to discuss these proposals with you. They have my strong endorsement for approval. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs and Planning Board #208 September 15. 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: We have all known for some time that the Golf Course needs physical improvements to both the course and the clubhouse. Now that we have a competent operator running the course it makes sense to begin these improvements. The attached memo from Finance Director John Dunn describes needed improvements and requests on behalf of the Golf and Tennis Commission that you approve a loan order in the amount of $1.5 Million to fund such improvements. I strongly support this proposal and request that you set a Public Hearing on this matter. Thank you. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance and Property #209 September 15. 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following applicants to serve as Constables in the City of Beverly for the express purpose of serving Civil Process: Alfred M. DiFronzo 1200 Salem Street, Unit 132 Lynnfield, MA 01940 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of 12 Nancy H. Cicci 15 Kennedy Drive Beverly, MA 01915 Attached are their letters of application for reappoint which have been signed by Police Chief Mark Ray. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #210 September 15. 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Michael Collins to serve as the Commissioner of Public Services, Public Works and Engineering. His term will be effective until January 7, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #211 September 15. 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Donald R. Famico, 74 Proctor Street, Salem, MA 01970, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his application which has been approved by Police Chief Mark Ray. His term will be effective until September 30, 2011. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #212 September 15. 2008 Honorable City Council City Hall Beverly, MA 01915 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 12 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. John Swain, 60 Rantoul Street, #403N, Beverly, MA 01915 to serve as a member of the Commission on Disabilities. He will fill the vacancy left by the resignation of Elise Bernstein and his term will be effective until November 1, 2010. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services #213 September 15. 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I wish to advise you that the City of Beverly recently received $95,584.40 from Verizon as settlement for insufficient payments dating back into the 1980s for antennae placed on our water towers. This successful recovery of significant funds was only possible because of the persistent efforts of Scott Houseman a well-known Beverly resident. I would like to publicly thank Scott for his efforts. These funds have not been appropriated and I request that you take action to appropriate them. At the same time I request the use of some of them for the following purpose. You will recall that for some time there has been a desire to install quieter electronic bells at key train crossings in order to reduce the loud noise suffered by people living near the crossings. The MBT A has agreed to install the bells at the five crossings for a total cost not to exceed $7,000 per crossing. The crossings chosen for the initial installation are: ~ Congress Street ~ Kittredge ~ North Beverly ~ Montserrat ~ Spring Street After we have had a chance to observe the level of improvement, we will be in a position to convert other crossings if desirable. Please set a Public Hearing to accomplish the appropriation of the $95,585.40 and the appropriation from that sum in the amount of $35,000 for the electronic bells. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from Other City Officers and Boards: #214 Beverly City Council 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of 12 Dear Beverly City Council: I would like to request permission to serve liquor in a city building, namely the Beverly Public Library, on the evening of Saturday, October 25th in conjunction with the auction and food-tasting fundraiser for the Beverly Bookmobile Thank you for considering this Sincerely, Patricia Cirone, Director Beverly Public Library Refer to Legal Affairs #215 Request from Beverly Historical Society and Museum to waive fees for building permits for project at 117 Cabot St. Refer to Finance and Property Communications, Applications and Petitions: #216 Powers and Sullivan draft copies of examination of basic financial statements, management letter and reports on federal award programs Refer to Finance and Property #217 Beverly Airport request to waive Ordinance Alcohol in a Public Building for an occasion Sep. 20, 2008 Refer to legal Affairs Regorts from Committees: #202 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Proposal for Funding Holcroft Park 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 #208 The Committee on Finance and Property to whom was referred the matter of a Loan Order for Beverly Golf and Tennis have considered said matter and beg leave to report as follows, to wit; 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 12 Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public hearing on Monday, October 6, 2008 at 7:20 PM at Beverly city Hall Council Chambers, 191 Cabot Street, Beverly relative to the enclosed Loan Order for Beverly Golf and Tennis Club improvements: That $1 ,500,mOOO.00 is appropriated for the cost of improvements to the Beverly Golf and Tennis Club, including repair and improvements to the clubhouse, improvement to the golf course and construction of a new maintenance building; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance is authorized to borrow $1,500,000.00 under Chapter 44 of the General Laws or any other enabling authority; and that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes. Order read once and adopted 9-0 Vote #213 The Committee on Finance and property to whom was referred the matter of Appropriation settlement from Verizon and appropriation for Crossing Bells 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, October 6, 208 at 7: 15 Pm in Council Chambers, 191 Cabot Street, Beverly, MA relative to appropriation of $95,584.40 of Verizon Cellular antenna rentals received to correct underpayments from past fiscal years to the public Services highway division for railroad grade crossing safety improvements in the amount of $35,000 and the balance of $60,584.40 to the Mayor's Reserve for Unforeseen account. First Passage: Public Hearing: Final Passage: Sep. 15,2008 Oct. 6, 2008 Oct 6, 2008 Order read once and adopted 9-0 Vote #215 The Committee on Finance and property to whom was referred the matter of request to waive building fees for project at Beverly Historical Society 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 #44 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance relative to dumpster regulations have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7 -2Vote Councilors Slate and Burke voted against #126 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 12 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for traffic study in area of Montserrat College have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order Read once and Adopted #142 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for speed limit signs in Bartlett Gardens Playground area 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 #171 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of amended ordinance re Financial Forecasting Committee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and eight An Ordinance establishing a Financial Forecasting Committee ADD: Section 2-218 Financial Forecasting Committee (a) Establishment, Composition - There is hereby established a Financial Forecasting Committee. Such Committee shall be composed of seven members; two members of the City Council and a citizen, appointed by the City Council President; two ward School Committee members and a citizen, appointed by the School committee President; and a citizen, who shall not be an elected official, appointed by the Mayor; The Finance Director, the City Council Budget Analyst and the School Department Business Manager shall be appointed as ex-officio members Such committee members shall serve without receiving compensation as a result of such service. (b) Term of Appointment, Vacancy - Each member shall serve for a term of two years, or until a successor is appointed. The term of each Committee member who is an elected official shall terminate on December 31 of each successive even numbered year. The term of each Committee member appointed as a citizen representative shall terminate on December 31 of each successive odd-numbered year. In the event of a vacancy during a member's term, a successor shall be selected in the same manner as the departing member for the remainder of the unexpired term. (c) Authorities and Responsibilities - (1) The Committee shall consider financial goals and objectives, conduct long range financial planning, evaluate the city budget process, explore ways to acquire revenue, and advise city officials on these matters. Each official and employee of the City shall cooperate with the Committee in the discharge of its duties. (2) By the end of each calendar year the Committee shall file a report of its activities, projections, conclusions and recommendations with City Clerk, the School Committee, the City Council and the Mayor. Ordinance read once and held for final passage as per charter provisions 9-0 Vote 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 12 #187 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Livery License - NDARYD have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 9-0 Vote #192 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of appointment as Representative to Metropolitan Area Planning Council - Tina Cassidy 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 #197 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment-Zoning Board of Appeal Alternate member Pamela Gougian 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 #199 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance Motor Vehicles and Traffic Stop Signs have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and eight An Ordinance amending an Ordinance entitled Motor Vehicles and Traffic relative to isolated stop signs Be it ordained by the city council of the City of Beverly as follows, to wit; ADD: Chao 14, Sec 86 (b) Obedience to Isolated Stop Signs- Princeton Avenue westbound drivers on Princeton Avenue at Nursery Street Ordinance read once and held for final passage as per charter provisions 9-0 Vote #200 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request waiver City Ordinance Alcohol in Public Building have considered said matter and beg leave to report as follows, to wit: 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 9 of 12 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 Council on Aging on Friday, September 26, 2008 from 4 - 7:00 PM. Order read once and adopted 9-0 Vote also airport #217 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request waiver City Ordinance 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 Airport, Jim Baker Hangar September 20, 2008. Order read once and adopted 9-0 Vote #203 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for three Limousine Licenses - Boston Chauffeur Service, Inc. have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted Order read once and adopted 9-0 Vote #204 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for auctioneers License- Kaminski Auctioneers have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted Order read once and adopted 9-0 Vote #206 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application to dig Sea Worms Guyfred Hickey, St. have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 9-0 Vote #207 The Committee on Legal Affairs to whom was referred the matter of Zoning Waterfront Area have considered said matter and beg leave to 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 12 report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: Notice is hereby given in accordance with M.G.L. Chapter 40A, Section 5 that the Beverly City Council and Planning Board will hold a Joint Public Hearing on Monday, October 6, 2008 at 7:45 p.m. in the Council Chambers, third floor Beverly City Hall, 191 Cabot Street relative to proposed zoning changes that would amend the method of calculating off-street parking requirements for restaurants and marinas and amend the side, rear, and front setback requirements for parking spaces in the WD Zoning District only. Copies of the proposed amendments are on file in the City Clerk's Office and Planning Department and are available for public review. Order read once and adopted 9-0 Vote #154 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Clean Energy Advisory Committee-Gasper Simoes 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 #167 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment- Beverly housing Authority- Dorothy List 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 #176 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment-Council on Aging Brandon Ruggieri 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 #177 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Apointment-Council on Aging Brad Gaige and Patricia Reade 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 #186 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 12 The Committee on Public Services / Committee of the Whole 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 amended order and recommend its adoption Ordered: That the City Council approve the request of National Grid for the installation of +/- 5' of 2 - 4" conduits encased in concrete in Conant and Street and installation of one JO pole #3085 along with miscellaneous overhead equipment in Conant Street Be it also added that notice has been given to National Grid regarding the following issues attached thereto Order read once and adopted 9-0 Vote #190 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment as Constable - Douglas Vigliotta 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 #196 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Open Space and Recreation Nancy Coffey and Marilyn McCroty 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 Unfinished Business: Motions and Orders: #218 By Councilor Troubetaris: Ordered: That a crosswalk be placed between Opal Ave and the end of Green St. Many relocated children from the McKeon School are now walking to Ayers. Refer to Public Services Meeting adjourned: 9:20 PM Frances A. Macdonald, CMC City Clerk 9/18/2008 That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 12 of 12 9/18/2008