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2008-11-03 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of9 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Monday, August 17, 2009 2:29 PM To: minutes@beverlyma.gov Subject: 08. nov3.doc Regular Meeting Beverly City Council 7:00, PM November 3, 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 Grimes Public Hearings and Public Speakers: 7:15 PM Public Hearing National Grid 21 Riverview St. Refer to Public Services 7:20 PM Presentation Open Space and Recreation Semi Annual Report 7:35 Presentation Stephen Laverty-Beverly Hospital Acceptance of Minutes: Meeting of October 20,2008 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #236 November 3, 2008 Honorable City Council City Hall Beverly, Ma 01915 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of9 Dear Honorable Council: Last winter was especially difficult and our streets and roads demanded significant attention. As a result, snow and ice removal costs exceeded budget by $612,619.99. This unfavorable variance was carried forward into this fiscal year as provided by law and as fully discussed with you. In addition, our final State Assessments for the year ending June 30, 2008 included two larger than expected charges for School Choice and Charter School assessments totaling $57,550. Our intent has been to absorb these costs from the Free Cash account once Free Cash had been certified by the Department of Revenue. I am pleased to advise you that on October 21 st the Department of Revenue certified Free Cash in the General Fund in the amount of $2,682,833 as of the start of this fiscal year. Please take action to appropriate a total of $670,169.99 from the Free Cash account to cover the Snow and Ice and State Assessment issues. That will leave a balance of $2,012,663 in the Free Cash account. As you know, the Free Cash account is essentially a municipal savings account and the money in that account is available for expenditures if necessary. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #237 November 3, 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 Constables in the City of Beverly for the express purpose of serving Civil Process: Peter A. Davekos 5 Brookhead Avenue Beverly, MA 01915 Paul Minsky 15 Orchard Road Swampscott, MA 01907 Their terms will be effective until October 31, 2011. Attached are their letters of request to be reappointed which have been approved by Police Chief Mark Ray. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #238 November 3, 2008 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of9 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 of Mortgage Agreement for property owned by Joseph Wade at 3 Exeter Road, Beverly, MA 01915. Attached is a communication from Community Development Director William O'Hare concerning this request. Very truly yours, William F. Scanlon, Jr. , Mayor Refer to Legal Affairs #239 November 3, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as David Lynch Public Parks Fund Trustees: Myrna L. Wilczek, 6 Oakhurst Road, Beverly, MA 01915 Term to be effective until September 30, 2011 Robert G. Richardson, 22 Washington Street, Beverly, MA 01915 Term to be effective until September 30, 2010 Rosalie Kerr, 12 Millbrook Road, Beverly, MA 01915 Term to be effective until September 30, 2010 Joan Fairbank, 11 Liberty Street, Beverly, MA 01915 Term to be effective until September 30, 2011 Alice Burns, 12 Museum Road, Beverly, MA 01915 Term to be effective until September 30, 2010 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #240 November 3, 2008 Honorable City Council City Hall Beverly, Ma 01915 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of9 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizen to serve as a David Lynch Public Parks Fund Trustee: Ms. Elizabeth Caputo 137 McKay Street Beverly, MA 01915 She will fill the vacancy left by the passing of Barbara Feenan. Ms. Caputo's term will be effective until September 30, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #241 November 3, 2008 Honorable City Council City Hall Beverly, Ma 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following citizens to serve as permanent members of the Zoning board of Appeal: Ms. Jane Brusca, 11 Greenwood Ave. Term to be effective until January 31, 2012 Mr. Joel Margolis, 1 Worthington Green Beverly, Ma Term to be effective until January 31, 2011 These members have currently been serving in an alternate capacity and will fill the expired terms of members who have resigned. Very truly your,s William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from Other City Officers and Boards: #170A October 27, 2008 Beverly City Council 191 Cabot St. Beverly, MA 01915 RE: Planning Board Action on city council Order #170 Dear Members of the Council: At the meeting of the Beverly Planning Board held on Tuesday, October 21, 2008, members of the Board discussed City Council Order #170 for Planning Board review and recommendation of Zoning Ordinance Section 29-5.1. "Pork Chop shaped Lots". After a brief 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of9 discussion, members expressed concern over the overly general nature of the request. Ultimately the Planning board voted to recommend to the council that, in the event the Council desires a general review of the pork chop lot ordinance, it should consult with Planning Staff rater than the Planning Board for a professional opinion. In the event that the Council has specific amendments to this ordinance in mind, the Board recommended that the traditional procedures for amending a zoning ordinance, as described in M. G. L. c.40A, s. 5, should be followed. Please take note that Planning Staff recently provided the Planning Board with a history of the reasoning for adoption and amendment of the pork chop lot ordinance in the past and a recommendation letter. These materials are enclosed for councilors' information. Sincerely, Richard Dinkin, Chairman Refer to Legal Affairs #230A October 22, 2008 Honorable City Council 191 Cabot St. Beverly, MA 01915 RE; COUNCIL ORDER #230, PROPOSED ZONING AMENDMENT - CREATE NEW 'IR OVERLAY' DISTRICT ALONG BRIMBAL AVENUE Dear Honorable Council: At a meeting of the Beverly Planning Board held on Tuesday, October 21, 2008, members of the Board voted to recommend to the Council that a joint public hearing be set relative to the above referenced Order. Sincerely, Richard Dinkin, Chairperson Refer to Legal Affairs #242 Open Space and Recreation Semi Annual Report Receive and Place on File Communications, Applications and Petitions: #243 Communication from City Taxi of Beverly relative to Change of Address to 100 Cummings Center Suite 326D Refer to Public Services #244 Application to sell Christmas Trees, Project Adventure, Inc. Refer to Legal Affairs #245 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f9 Communication from Essex County Greenbelt Association relative to Conservation Restrictions at 675 and 675 R Hale Street Refer to Legal Affairs #246 Application to sell Christmas Trees, St. Mary's Star of the Sea School Refer to Legal Affairs #247 Application to sell Christmas Trees, Richard Williams, at 642 Elliott St. Refer to Legal Affairs #248 Application Second Hand Junk Dealers License Frank Kaminski Refer to Legal Affairs #249 Application Fortune Tellers License-Sophia Andrianopoulos, 11 Sunset Drive Refer to Legal Affairs #250 Communication from Alexander & Femino relative to conveyance of property 90 and 92 Boyles Street Refer to Finance and Property Reports from Committees: #134/134A The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Communication from Planning and Open Space and Recreation relative to YMCA Sterling Center 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 communication relative to Encroachment into City Right-Of-Way / Essex Street and the YMCA. After the signing of the Enclosed Revocable License Agreement. Order read once and adopted 8-0 Vote Council Cronin Recuesed #231 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f9 The Committee on Finance and Property to whom was referred the matter of Appointment Financial Forecasting Committee - Steve Cohen 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 #233 The Committee on Finance and Property to whom was referred the matter of Fees for Beverly Golf & Tennis Club 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 enclosed Permit Holder Annual Fee Schedule for the 2009 Golfing Season. Order read once and adopted 8-0 Vote Councilor Coughlin recused #236 The Committee on Finance and Property to whom was referred the matter of Appropriation of Funds 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 17, 2008 at 7:30 Pm in council Chambers, third Floor, City Hall, 191 Cabot St., Beverly, MA relative to an appropriation of funds from the free cash account to cover the Snow and Ice and State Assessment issues in the amount of $670,169.99 That will leave a balance of $2,012,663 in the Free Cash account. First Passage: Public Hearing: Final Passage: Nov. 3, 2008 November 17,2008 November 17,2008 Order read once and adopted 9-0 Vote #77 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for Zoning change, 449 Cabot 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 #99 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application Class II MVDL Beverly Motor Cars matter and beg leave to report as follows, to wit: 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f9 Receive and Place on File Order read once and adopted 9-0 Vote #230A The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for Zoning change, 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 City Council of the City of Beverly will hold a Joint Public Hearing with the Beverly Planning Board on Monday, December 1, 2008 at 7:30 PM in Council Chambers, third floor, 191 Cabot Street, Beverly, Ma relative to the proposed amendments to the Beverly Zoning Ordinance relative to the property at 140 Brimbal Ave. Order read once and adopted 9-0 Vote #238 The committee on Legal Affairs to whom was referred the matter of subordination of mortgage 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 Joseph Wade, 3 Exeter Road, as per the attached communication from Community Development Manager William O'Hare. Order read once and adopted 9-0 Vote #212 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment commission on Disabilities John Swain 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 #218 The Committee on Public Services / Committee of the Whole to whom was referred the matter of request for crosswalk at Opal and Green 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 Unfinished Business: #207 Ordinance rezoning of Waterfront Area 8/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 90f9 Motions and Orders: #251 By Councilor Flaherty: Appointments Troubetaris and Grimes to Financial Forecasting Committee Appointment Kevin Hobin Ordinance Review Committee with Slate and Grimes Order read once and adopted 9-0 Vote Meeting adjourned: 8:09 PM 8/24/2009 Frances A. Macdonald, CMC City Clerk