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2008-10-20 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of6 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, October 21, 2008 10:36 AM To: minutes@beverlyma.gov Subject: 08.oct20.doc Regular Meeting Beverly City Council 7:00, PM October 20, 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 Veterans Agent Jerry Gullebbe Public Hearings and Public Speakers: 7:15 PM #220 Public Hearing Loan Order BHS Funding Refer to Finance and Property Acceptance of Minutes: Meeting of October 6,2008 Appoi ntments: Presentations, Awards and Memorials: Resolution - and Moment of Silence for Stephen Fortunato Communications from His Honor the Mayor: Communications from Other City Officers and Boards: #232 October 17, 2008 Beverly City Council Beverly City Hall Beverly, MA 01915 10/24/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of6 Dear Honorable Council: At the request of the Board of Assessors, would you please schedule a Public hearing on November 17, 2008 relative to the allocation of fiscal Year 2009 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small business exemptions. Thank You, Very truly yours, John P. Dunn, Finance Director Refer to Finance and Property #233 Oct. 20, 2008 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: At their meeting on September 9,2208 the Beverly golf and Tennis Commission approved new Permit Holder annual fees for the 2009 golfing season. Both the proposed 2009 fees and a history of fees from 2004 to 2008 are shown on the attached spreadsheet. As required by Section 3-205 of the City Ordinances, the fees adopted by the Commission are subject to approval by the Mayor and the City council. The Mayor has approved such and the Commission requests your approval at your earliest convenience. Very truly yours, John P. Dunn, Finance Director Refer to Finance and Property Communications, Applications and Petitions: #234 Petition National Grid JO Pole and related equipment 21 Riverview St. Refer to Public Services Regorts from Committees: #208 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order Beverly Golf & Tennis have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 10/24/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of6 Ordered: That the City Council approve the request of the Mayor for the enclosed Loan Order for Beverly Golf and Tennis Club improvements: That $1,500,000.00 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. First Passage: Public Hearing: Final Passage: Sep. 15,2008 Oct. 6, 2008 Oct 20, 2008 Order read once and adopted 9-0 Vote #232 The Committee on Finance and Property to whom was referred the matter of Public Hearing re allocation of Tax Levy for 2009 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 hold a Public Hearing on Monday, November 17, 2008 at 7:20 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, Ma relative to the allocation of Fiscal Year 2009 . First Passage: Public Hearing: Final Passage: Oct. 20, 2008 Nov. 17,2008 Nov. 17,2008 Order read once and adopted 9-0 Vote #189 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication relative to parking & Traffic on south hardy 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 #207 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance re Zoning Waterfront 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 10/24/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of6 An Ordinance Amending an ordinances entitled Zoning Sec. 29-25 Be it ordained by the City Council of the City of Beverly as follows, to wit: (1) Amend Section 29-25.A. of the Zoning Ordinance entitled "Off-Street Parking Requirements" as follows: (a) Replace the off-street parking requirement for restaurants (currently 1 space for every 50 sq. ft. devoted to patron use) with "1 space for every 4 seats, permanent or otherwise." (b) Replace the off-street parking requirement for marinas (currently 1 space per boat slip which is legally present as a boat slip on land or in a storage building) with ".5 space per boat moored, docked, stored, or trailered. Between September 15th and May 15th, up to 800/0 of the required parking spaces may be used for winter storage of boats, floats, runways, and associated equipment. On or before May 16th, 70 percent of the required parking spaces must be clear and available for motor vehicle parking. By June 15th, 100 percent of the required parking spaces must be clear and available for motor vehicle parking." (2) Amend Section 29-25.D. of the Zoning Ordinance entitled "Parking, Loading Space, and Design Specifics" as follows: (a) Add the following to the end of Section 29-25.D.4.a.: "..., except that this requirement shall not apply in the WD Zoning District." (b) Add the following to the end of Section 29-25.D.4.d.: "..., except that this requirement shall not apply in the WD Zoning District." Ordinance read once and held for final passage as per charter provisions 9-0 Vote #221 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Comm. from Parking & Traffic Commission relative to correspondence 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 #223 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of waiver of alcohol ordinance 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 Senior Center December 9, 2008 from 6:00 PM to 10:00 PM. The event is being held by the Beverly Recreation Commission and the Lynch Park Advisory Committee. 10/24/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of6 Order read once and adopted 9-0 Vote #227 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Annual Auctioneers License Frank Kaminski 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 #229 The Committee on Public Services / Committee of the Whole to whom was referred the matter of application to sell Christmas Trees Ryal Side Care, 199 Bridge Street 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 #230 The Committee on Public Services / Committee of the Whole to whom was referred the matter of communication from Alexander & Femino relative to rezoning 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 enclosed request for rezoning of 140 Brimbal Avenue be referred to Planning to set a Joint Public Hearing. Order Read once and Adopted 9-0 Vote #165 The Committee on Public Services/ Committee of the Whole to whom was referred the matter of Appointment Cultural Council Gina Chase 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 #224 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication from Clean Energy 10/24/2008 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f6 Advisory Committee 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 #228 The committee on Public Service / Committee of the Whole to whom was referred the matter of Request for sidewalk repair, 67 Bridge St. 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 #234 The committee on Public Service / Committee of the Whole to whom was referred the matter of petition 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, November 3, 2008 at 7: 15 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to the enclose petition of National Grid for the installation of one JO Pole and related equipment at 21 Riverview St., Beverly, Ma Order read once and adopted 9-0 vote Unfinished Business: Motions and Orders: #235 By councilor Hobin: Ordered: That a dumpster be allowed on the corner of Harrison Ave and Pierce Ave for a period of no more than t to 4 days. The homeowner makes this request for the purpose of roofing work to be done on the property. Sgt. Shairs has spoken with the homeowner, visit the site, and advised them on a suitable location Approved 9-0 Meeting adjourned: 9:32 PM Frances A. Macdonald, CMC City Clerk 10/24/2008