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2009-09-08 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: Wednesday, September 09, 2009 1: 17 PM To: minutes@beverlyma.gov Subject: meeting Regular Meeting Beverly City Council 7:00, PM September 8, 2009 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 Cronin Public Hearings and Public Speakers: 7: 15 PM PH Petition of National Grid - Dix Way Cancelled at request of National Grid Refer to Public Services Acceptance of Minutes: Meeting of June 15, 2009, Special meetings of June 22, July 7, and July 27, 2009 Appoi ntments: Presentations, Awards and Memorials: 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8 Refer to Finance and Property #127 September 8, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Joseph DiPaolo, 45 Hillcrest Avenue, Beverly, MA 01915, to serve as a member of the Airport Commission. Mr. DiPaolo will fill the unexpired term of James Tognazzi who has resigned. His term will be effective until December 31, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Service #128 September 8, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you may know, a dedicated group of volunteers has worked for some time to develop a strategy to identify and fund needed improvements to the Lynch Park Carriage House. Fundraisers have been held; structural engineers have analyzed the building and made recommendations. The project will be done in phases and as each phase is complete, the Carriage House will be able to accommodate more varied clients thus raising its income potential. I present to you tonight a proposal to fund some $140,000 of improvements which would be accomplished during the upcoming winter. These improvements will upgrade the condition of the floor and the supporting structure. The funding would come from three sources. $20,000 would come from funds already collected through fundraising efforts. $75,000 would come from the Recreation Department Enterprise Fund which has sufficient reserves to accommodate this request. Your Honorable Council would need to approve this transfer. The last piece of $45,000 would come from the Trustees of Lynch Park. That request is in place and we expect it to be acted on favorably in the near term. As mentioned above, once these improvements are made, the income expected from rentals of the facility will grow and fund further improvements. Paul Lanzikos and Denise Deschamps, co-leaders of the restoration effort, would be pleased to make a presentation during a public hearing which hopefully can be scheduled at the time of your next meeting. Their presentation would not only explain the present efforts but also the long-term plans to be funded largely from revenues generated by the facility. 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8 Sincerely, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from Other City Officers and Boards: #129 July 30, 2009 Ms. Frances A. Macdonald, City Clerk City Hall, 191 Cabot St. Beverly, Ma 01915 RE: CLEVELAND ROAD EXTENSION SUBDIVISION: ACCEPTANCE OF AS-BUILT AND ACCEPTANCE PLANS, RELEASE OF REMAINING PROVISIONS OF FORM G RESTRICTIVE COVENANT POSTED AS SURETY / WILLIAM AND LINDA BEARD Dear Ms. Macdonald: At a meeting of the Beverly Planning Board held on Tuesday, July 28, 2009, members of the Board voted unanimously to approve and accept the as-built plan submitted for this project. Additionally, the Board voted unanimously to recommend to the City Council that it formally accept the roadway acceptance plans on the City's behalf so that the portion of new roadway constructed by this project becomes a public way. Attached is a copy of a letter of recommendation on this matter from Engineering Director Frank Killilea. Finally, having found that the developer has completed all of his remaining obligations to the City with respect to this project, the Board voted unanimously to release the lot from all remaining restrictions contained in the Form G covenant which has been posted as surety to guarantee completion of the subdivision. Respectfully, Richard Dinkin, Chairman Refer to Legal Affairs #130 August 17, 2009 Honorable City Council City Hall, 191 Cabot St. Beverly, MA 01915 Ordinance Change Request: Chapter 14. Section 120 After conducting a site visit and conferring with the Parking and Traffic Commission I formally request a change in city ordinance Ch 14, Sec. 120 to reflect the following: ADD - "Prohibited on Certain Streets - At All Times", Marshall Court, east side from dead ed to Webber Avenue. Respectfully, 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of8 Sgt Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs #131 August 17, 2009 Honorable City Council City Hall, 191 Cabot St. Beverly, MA 01915 Ordinance Change Request: Chapter 14. Section 120 After conducting a site visit and conferring with the Parking and Traffic Commission I formally request a change in city ordinance Ch 14, Sec. 120 to reflect the following: ADD - "Prohibited on Certain Streets - At All Times", Haskell Street, west side from Rezza Road south to Hale Street Respectfully, Sgt Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs #132 August 14, 2009 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: SANDWICH BOARD SIGN RECOMMENDATION - BEVERLY HISTORICAL SOCIETY, 117 CABOT STREET Dear Honorable Council: At the August 13, 2009 meeting of the Beverly Design Review Board ("the Board") the members of the Board considered an application for a sandwich board sign to be displayed at the above referenced location. The sign will be constructed of %" MOO plywood and measure 42" in height and 24" in length. It will be painted brown and have the following text in off-white, green and gold letters: "Welcome to the Cabot House," "Open Tuesday-Saturday," "Guided Tours," "Exhibits on Beverly History," "Gift Shop," and Research Library and Collections." The sign will also feature a space to announce current programs and events. Following discussion, the Board expressed support to approve the design of the sign as presented. While the Board is in favor of the sign design, members expressed concern regarding the sandwich board sign regulation 29-26.B.1.i.4, which states, "The sign must be internally weighted so that it is stable and windproof." The applicant has stated that she is open to ideas and suggestions to ensure that the sign will be stable. The Board suggested using a brace on the inside of the A-frame sign to prevent it from collapsing in high winds. Thank you for your consideration and the opportunity to comment on this application. Please do not hesitate to contact me if you have any questions relative to the Board's deliberations. 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8 Sincerely, Kathryn Newhall Associate Planner Refer to Legal Affairs #133 August 14, 2009 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: SANDWICH BOARD SIGN RECOMMENDATION - BARTER BROTHERS FLORIST, INC., 288 CABOT STREET Dear Honorable Council: At the August 13, 2009 meeting of the Beverly Design Review Board ("the Board") the members of the Board considered an application for a sandwich board sign to be displayed at the above referenced location. The sign will have a wood frame, painted burgundy with the following permanent text in white, "Barter Brothers Florist, Inc." The interior panel of the sign will be a chalkboard and will feature current specials and sales. Following discussion, the Board expressed support to approve the design of the sign as presented. While the Board is in favor of the sign design, members expressed concern regarding the sandwich board sign regulation 29-26.B.1.i.4, which states, "The sign must be internally weighted so that it is stable and windproof." The Board suggested using a brace on the inside of the A-frame sign to prevent it from collapsing in high winds or attaching a sandbag along the underside of the sign to give it more weight. Thank you for your consideration and the opportunity to comment on this application. Please do not hesitate to contact me if you have any questions relative to the Board's deliberations. Sincerely, Kathryn Newhall Associate Planner Refer to Legal Affairs #134 Communication from Fire Chief Richard Pierce relative to the promotion of Kevin D. Smith from Firefighter to Lieutenant. Receive and Place on File #135 Communication from Fire Chief Richard Pierce relative to the promotion of Peter K. O'Connor from Captain to 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8 Deputy Chief Receive and Place on File Communications, Applications and Petitions: #136 Communication from American Diabetes Association relative to NS Tour de Cure - Receive and Place on File #137 Application for Second Hand Junk Dealers License Couch Potato Games, Movies and More Refer to Legal Affairs #138 Comm. of Mass Environmental Notification Form 36 Essex St., Wenham Refer to Legal Affairs #139 Application Lodging house License- Beverly Veterans Quarters, 3 Park Street Refer to Legal Affairs #140 Request for refinancing Dunham Castle Condo by Diane Lee Stewart Refer to Finance and Property #141 Request for Sewer Abatement Brian Jones, 4 Kinsman Street Refer to Finance and Property Regorts from Committees: #128 The Committee on Finance and Property to whom was referred the matter of Transfer of Funds have considered said matter and beg leave to report as follows, to wit: 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8 Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday September 21, 2009 at 7: 15 PM at City Hall, Third Floor, 191 Cabot Street, Beverly, Ma relative to a transfer of $140,000. $20,000 from Gifts, $75,000 from the Recreation Department Enterprise Fund and $45,000 from the Trustees of Lynch Park. These funds to be used for improvements to the Lynch Park Carriage House. Order read once and adopted 9-0 Vote Unfinished Business: Motions and Orders: #142 By Councilor Flaherty: Ordered: That Councilors Cronin and Slate and the Director of the Beverly Historical Society Sue Goganian do a brief assessment/evaluation of improvements that could be made to City Hall and further that they report back to the Council by the end of the year. Recommend adoption of the order 9-0 Vote #143 By Councilor Cronin: Ordered: That the city install "No Parking" signs on both sides of Standley and Groce Streets from the beginning of Groce Street to the entrance of Eagle Lane. Refer to Legal Affairs and Parking and Traffic Commission #144 By Councilor Cronin: Ordered: That the City install a small parking area ff Hull Street at Cahill Park to prevent a dangerous situation for pedestrians (children) crossing the street from behind cars parked on Hull Street alongside the playground. Refer to Legal Affairs and Parking and Traffic Commission #145 By Councilors Flaherty and Martin: Ordered: That the Parking and Traffic commission, The Director of Public Services and the Police Department's Traffic/Safety Officer evaluate the intersection of Laurel Street, and Dodge Street and report back to the City Council by November 1, 2009 with recommendations on improving the safety and traffic flow at this intersection Refer to Legal Affairs and parking and Traffic Commission 9/10/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 80f8 Meeting adjourned: 7:35 PM Frances A. Macdonald, CMC City Clerk 9/10/2009