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2009-02-17 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of5 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, February 24, 2009 10:28 AM To: minutes@beverlyma.gov Subject: meeting Regular Meeting Beverly City Council 7:00, PM February 17, 2009 Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Councilor Timothy Flaherty was absent Pledge of Allegiance to the Flag: Led by Councilor Coughlin Public Hearings and Public Speakers: 7:15 PM Presentation Fred Hopps Clean Energy Advisory Committee Acceptance of Minutes: Meeting of February 2, 2009 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #30 February 17, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council accept a gift in the amount of One Hundred Eighty-one Thousand Two Hundred Forty Dollars ($181,240) from Louise Conrad to fund the landscaping work at the Beverly Farms Library as requested in the attached communication from Library Director, Patricia Cirone. Very truly yours, 2/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of5 William F. Scanlon, Jr., Mayor Refer to Finance and Property #31 February 17, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Jerold Parisella, 14 Red Rock Lane, Beverly, MA 01915, to serve as a member of the Board of Health. Mr. Parisella will replace Mr. Joseph Walsh who retired as a Board Member. His term will be effective until December 31, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: Communications, Applications and Petitions: #32 Application Class II Motor Vehicle Dealers License-Beverly Auto Center, LLC, 129 Brimbal Avenue - Refer to Legal Affairs Reports from Committees: #8 The Committee on Finance and Property to whom was referred the matter of transfer re Beverly Harbor Management Authority 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 request for a transfer in the amount of one hundred thousand ($100,000) dollars from account "Free Cash" to "Beverly Harbor Management Authority" for the completion of design work relative to the waterfront area. First Passage: Public Hearing: Jan. 20, 2009 Feb. 2, 2009 2/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of5 Final Passage: Feb. 2, 2009 Receive and Place on file 8-0 Vote #18 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Ordinance Article II section 2-204 (Budget Presentation) have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 6-2 Vote Burke and Grimes against #30 The committee on Finance and Property / Committee of the Whole to whom was referred the matter of Gift to the City 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 accept a gift in the amount of one hundred eight one thousand two hundred forty dollars from Louise Conrad to fund the landscaping work at the Beverly Farms Library as per the request of the enclosed communication from Library Director Patricia Cirone. 7-0 Order read once and adopted 7 -0 Vote Councilor Burke not in Chamber #19 The Committee on Legal Affairs to whom was referred the matter of Budget shortfalls and revenue streams have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote Councilor Burke not in Chamber #08-286 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Parking & Traffic Commission relative to a Crosswalk at Elliott Street 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 #18 The Committee on Legal Affairs and Accounts / Committee of the Whole to whom was referred the matter of Ordinance Article II section 2- 204 (Budget Presentation) have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Voted out of Committee with Councilor Grimes voting against 2/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of5 Order read once and adopted 6-2 Vote councilors Grimes and Burke Against #26 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Beverly Airport Building 54 Lease modifications have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be and the same is hereby authorized to sign the enclosed modifications to a Lease on Building 54, A. B. Aviation, LLC as per the request of the Beverly Airport Commission. Order read once and adopted 8-0 Vote #28 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Second Han Junk Dealers License for Marconi Radio 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 #21 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment to the Board of Health, Dr. Frank Carbone and William Alpine, Jr. 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 #23 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment to Library Board of Trustees, Alyse Gause, John Kelley and Kevin O'Reilly 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 Unfinished Business: #230A Rezoning 140 Brimbal Avenue 7-1 Martin against Motions and Orders: #33 By Councilor Coughlin Ordered; That the city Council, in order to save health costs substantially write a letter to the State Legislature and Governor expousing 2/25/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of5 the need for cities and towns to be able to enroll employees into the state health plan outside of any collective bargaining agreements.. Refer to Finance and property #34 By Councilors Burke, Hobin and Slate An Ordinance Amending an Ordinance entitled "Placing and/or depositing snow or ice into streets or sidewalks". Be it Ordained by the City Council of the City of Beverly that Section 15-23 of the Revised Ordinances of the City of Beverly be and the same as hereby amended: REPLACE Section 15-23 with the following new section: 15-23. Removal of snow and ice 1. Placing and/or depositing snow or ice into streets, onto sidewalks, and around fire hydrants. No person shall place or deposit any ice or snow on any street or sidewalk or place such snow or ice in a manner as to partially or wholly obstruct access to a fire hydrant. Any person plowing, shoveling or placing snow or ice onto a street or sidewalk or placing same around a fire hydrant shall be fined $250 for each offense. 2. Removal of Snow from Sidewalks. The owner of private property bordering on a street where there is a sidewalk or footway shall, within twenty four hours after snow ceases to fall, cause all snow that may be on such sidewalk or footway to be removed therefrom to a width of at least four feet or the width of the sidewalk if less than four feet. In the event of an unusually heavy snowfall, the time limit shall be extended at the discretion of the Commissioner of Public Services and Engineering. The provisions of this section shall apply to snow which falls from buildings as well as to that which falls from the clouds. 3. Removal of Ice from Sidewalks. The owner of private property bordering on a street where there is a sidewalk or footway any portion of which is encumbered by ice shall within six hours after the sidewalk or footway becomes encumbered with ice cause such sidewalk or footway to be made safe and convenient by removing the ice therefrom, or by keeping the same covered with sand or some other suitable substance. 4 Penalty for violation. Except as otherwise provided, any person(s) who shall fail to comply with the provisions of this section shall be fined twenty five dollars ($25.00) for the first offense and fifty dollars ($50.00) for each succeeding offense. Each day's failure to comply with this section shall constitute a separate violation. Refer to Legal Affairs and Public Services Meeting adjourned: 8:25 PM Frances A. Macdonald, CMC City Clerk 2/25/2009