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2009-09-21 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of7 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Wednesday, September 23, 2009 10:20 AM To: minutes@beverlyma.gov Subject: meeting Regular Meeting Beverly City Council 7:00, PM September 21, 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 Hobin Public Hearings and Public Speakers: 7:00 :PM Mayor Scanlon 7: 15 PM Public Hearing Transfers re Lynch Park Carriage House Improvements Refer to Finance and Property 7:30 PM Mayor Scanlon and Dr. Hayes Acceptance of Minutes: Meeting of September 8, 2009 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #146 September 21, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. J. David Suminsby, PO Box 3275, 21 R Linden Avenue, Beverly, MA 01915, to serve as a member of the Beverly Harbor Management Authority. 9/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of7 He will fill a vacancy on the Board and his term will be effective until December 31, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #147 September 21, 2009 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: CHAPMAN'S CORNER SUBDIVISION - AFFORDABLE HOUSING UNITS Dear Honorable Council: I hereby request City Council authorization to sign the attached application and regulatory agreement relative to the Chapman's Corner subdivision project on Hale Street. Members may recall that the City required that two of the housing units in this project be reserved as affordable housing units. (It also required that $100,000 be donated to the Beverly Affordable Housing Coalition for affordable housing-related efforts). To comply with the City's requirement, the developer of the Chapman's Corner project (David Carnevale of Manor Homes at Whitehall Hill) has prepared the attached Local Initiative Program (LIP) application and regulatory agreement for submission to the State's Department of Housing and Community Development. The application/agreement package spells out the income and eligibility requirements for the affordable units. Eventual approval of the LIP application by the State will guarantee the units will be counted toward Beverly's subsidized housing inventory in the future. Please feel free to contact City Planner Tina Cassidy if you have any questions relative to this request. Very Truly Yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from Other City Officers and Boards: Communications, Applications and Petitions: #148 Comm. re Resolution National Ovarian Cancer Awareness Month Refer to Public Service #149 Comm. from Federal Emergency Management Agency Refer to Public Service 9/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of7 #150 Application Auctioneers License Frank Kaminski for September 26 & 27 and October 24, 2009 Refer to Legal Affairs #151 Application Lodging House License-Wesley Oprzedek (Greycroft Inn) Refer to Legal Affairs Reports from Committees: #125 The Committee on Finance and Property/Committee of the Whole, to whom was referred the matter of Mayor's Annual Report 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 #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: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the enclosed 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. First Passage: Public Hearing: Final Passage: Sep. 8, 2009 Sep. 21, 2009 Sep. 21, 2009 Order read once and adopted 9-0 Vote #140 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Deed Restriction on Mortgage Diane Lee Stewart 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 of Beverly waive Provision #4 (entitled "Refinancing") of the Deed Rider to Unit #207 at 36 Dunham Road to allow Ms. Diane Lee Stewart to refinance in the amount of $85,000.00. Order read once and adopted 9-0 Vote #141 9/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of7 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for Sewer Abatement Brian Jones 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 DENY the request of Brian Jones for a sewer abatement Order read once and adopted 8-0 Vote #32 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Class II MVDL, Beverly Auto Center, 129 Brimbal Avenue 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 #129 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Acceptance of Cleveland Road Extension Subdivision 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 of the Planning Board Cleveland Road Extension Subdivision as built and acceptance plans, release of remaining provisions of Form G, Restrictive Covenant posted and Surety for William and Linda Breed. Order read once and adopted 9-0 Vote #130 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance MV & T Parking Prohibited Marshall Court 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 Nine An Ordinance Amending an ordinances entitled Motor Vehicles and Traffic relative Parking prohibited on Certain Street - at All Times Be it ordained by the City Council of the City of Beverly as follows, to wit: ADD: 14-120 "Prohibited on Certain Streets - At all times", Marshall court, east side from dead end to Webber Avenue This Ordinance to take effect upon final passage. Ordinance read once and held for Final Passage as per Charter Provisions 9-0 Vote #132 9/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of7 The Committee on Legal Affairs / Committee of the Whole to whom was referred the request for Sandwich Board Sign, Beverly Historical Society have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Sign Application Order read once and adopted 9-0 Vote #133 The Committee on Legal Affairs / Committee of the Whole to whom was referred the request for Sandwich Board Sign, Barter Brothers Florist have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Sign Application Order read once and adopted 9-0 Vote #137 The Committee on Legal Affairs / Committee of the Whole to whom was referred the request for Second Hand Junk Dealers License, Couch Potato Games, Movies and More 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 #138 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Environmental Notification Mullen, 36 Essex St., Wenham 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 #150 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Auctioneers license Frank Kaminski have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted pending letter from Building Inspector relative to zoning issues Order Read once and adopted 9-0 Vote #102 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Library Board of Trustees Mary Behrle 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 #113 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Cultural Council Gail Eaton 9/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f7 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 #127 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment Airport commission Joseph DiPaolo 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: #152 By Councilor Coughlin: Ordered: That a plaque be erected at Lynch Park commemorating President William Howard Taft's summer visits to Beverly Refer to Public Services #153 By Councilor Burke: A Resolution Supporting Lynch Park's Placement on the National Register of Historic Places WHEREAS: the 27th President of the United States William Howard Taft chose to spend all four summers of his Presidency in Beverly, Massachusetts, beginning in 1909 and WHEREAS: President William Howard Taft spent two of those summers at the green, shingled, fourteen-room "cottage" known as Stetson Cottage located on Woodbury Point and WHEREAS: the cottage was owned by Robert Dawson Evans and Marie Antoinette Evans who summered directly across the lawn at a main house called "Stetson Hall" and WHEREAS: after the President's first two summers in Beverly the cottage was cut in half and reassembled on Peaches Point in Marblehead, leaving an "Italian Garden" inside the foundation of the cottage and WHEREAS: the remaining garden and its environs at Lynch Park have come to symbolize Beverly's moniker as the Garden City. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEVERLY, MASSACHUSETTS that the Mayor and the City Council of the City of Beverly support the inclusion of Lynch Park on the National Register of Historic Places indicating Lynch Park's historical significance to the City of Beverly and to the nation. AND BE IT FURTHER RESOLVED that the Mayor and the City Council of the City of Beverly authorize the placement of this public park 9/24/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f7 on the Federal Register and, in the event of its acceptance by the Massachusetts Historical Commission, welcome the installation of a bronze marker indicating it is a place of importance in American history and making the historic site eligible to receive matching state grants for restoration. Refer to Public Services Meeting adjourned: 8:40 PM Frances A. Macdonald, CMC City Clerk 9/24/2009