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2010-06-21 Regular Meeting Page 1 of7 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Tuesday, June 22, 2010 11 :02 AM To: minutes@beverlyma.gov Subject: 6/21/10 Regular Meeting Beverly City Council 7:00 PM June 21, 2010 Roll Call: Councilors Present, Judith A. Cronin, Patricia A. Grimes, Paul M. Guanci, Kevin Hobin, James F. Latter, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Michael P. Cahill Pledge of Allegiance to the Flag: Led by Councilor Slate Public Hearings and Public Speakers: 7:05 PM Tina Cassidy-Parking Lot Improvements 7: 15 PM Public Hearing Budget FY 2011 Refer to Finance and Property Acceptance of Minutes: Special Meeting of June 1, 2010 and Regular Meeting of June 7, 2010 Presentations, Awards and Memorials: Appointments: Communications from His Honor the Mayor: #128 June 21, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I direct your attention to the attached memo from John Dunn regarding budget transfers. His memo calls for you to set a public hearing and makes note of the fact that some transfers may change in amount prior to the hearing Very truly yours, William F. Scanlon, Jr., Mayor 6/25/2010 Regular Meeting Page 2 of7 Refer to Finance and Property #129 June 21, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached for your approval is a Project Authorization to accompany a grant application to the Massachusetts Division of Conservation Services' Parkland Acquisition and Renovations for Communities (PARC) grant program. The application is for up to $500,000 in grant funding to construct an artificial turf field within the boundaries of the currently existing grass field inside the track on the high school property. I hereby request that you grant authorization to sign the application and submit the application for consideration. This submittal is time sensitive and your approval before June ends is needed. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #130 June 21, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation Mr. Bruce Abbott, 13 County Way, Beverly to serve as on the Beverly Housing Authority. His term to be effective until June 28, 2015. Very truly yours, William F. Scanlon, Jr., Mayor Refer to LeQal Affairs #131 June 21, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Mr. John Aucone, 320 Dodge, Beverly to serve as a member of the Parks and Recreation Commission. 6/25/2010 Regular Meeting Page 3 of7 His term to be effective until December 31, 2012. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services #132 June 21, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Mr. Dean Porteous, 48 Winthrop Avenue, Beverly to serve as the City of Beverly's representative on the new school committee for the North Shore Agricultural and Technical School District. His term to be effective until December 31, 2012. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services #133 June 21, 2010 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Martha Lewis, 15 Home Street, Beverly to serve as Clerk of the Beverly License Board effective July 1, 2010. She will replace Linda Giallongo whose service as Clerk will end on June 30, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to LeQal Affairs Communications from Other City Officers and Boards: #134 Beverly Recreation Department request for waiver of Alcohol Ordinance for up to five events to be held at the Carriage House between August 1, 2010 and November 15, 2010 Refer to leQal Affairs 6/25/2010 Regular Meeting Page 4 of7 #135 June 18, 2010 Dear Honorable Council: As many of you may recall, in 2002 the City of Beverly was sued by Richard J. Maestranzi and Leo J. Maestranzi in a land damage case for actions necessarily taken by the City to close the City's landfill located off of Brimbal Avenue. That case was settled in 2006. A settlement agreement was signed and later an amended settlement agreement was also signed. It is possible that yet a third settlement could be signed as well (Copies of the first two settlement agreements are enclosed.) Always included in the terms of the settlement was an obligation for the City to convey a parcel of land consisting of 6.62 acres (known as the "Swap Parcel") to the Maestranzi's in exchange for the land taken by the City from the Maestranzi's (6.74 acres) as a condition of the court case being dismissed. In order for the Swap Parcel to be conveyed to the Maestranzi's the Massachusetts legislature must approve of the transaction in advance. This can only be accomplished by means of a Home Rule Petition that the Beverly City Council must first approve before it may be filed with the legislature. The form of the Home Rule Petition is included herewith. I am requesting that the Council approve this Home Rule Petition. I will be happy to respond to any questions you may have. Thank you. Very truly yours, Roy F. Gelineau, Jr., City Solicitor Refer to LeQal Affairs Communications, Applications and Petitions: #136 Application Class II Motor Vehicle Dealers License Bridgeside Cycles, 8 Cabot St. Refer to LeQal Affairs #137 Communication relative to Reed's Ride Bike-a-thon on Sunday July 18, 2010 Receive and Place on File #138 Application Second hand Junk Dealers License Bruno's Antiques, 202 Rantoul St., Beverly, MA Refer to LeQal Affairs Reports from Committees: #104 6/25/2010 Regular Meeting Page 5 of7 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Communication from Open Space and Recreation relative to Carratu Park 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 #126 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Communication relative to a sign at 174 Cabot St. 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 MINT, LLC to hang a sign, approved by the Design Review Board to be placed over the sidewalk at 174 Cabot Street. Order read once and adopted 9-0 Vote #128 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Budgetary transfer 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 public hearing on Tuesday, July 6 2010 at 7:05 PM in Council Chambers, Third Floor, 191 Cabot St., Beverly MA relative to budgetary transfers. Order read once and adopted 9-0 Vote #119 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment Beverly Licensing Board John Roccio 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 #123 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment as Constable Phillip Cleversey 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 #124 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment as Constable Mark Snider have considered said matter and beg leave to report as follows, to wit: 6/25/2010 Regular Meeting Page 60f7 Recommend the Council Approve the Appointment - Order read once and adopted 9-0 Vote #125 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment to the Conservation Commission Mary Reilly and William Squibb 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 #120 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment Beverly Airport Commission of Paul Vitale 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 #121 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment to the Beverly Harbor Management authority, Miranda Gooding Charles Raymond and Donald Neuman 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 #122 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Trustees of the Public Library of Margaret Altman 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: #101 Ordinance Relative to Public Works, Article One-Trash Removal and Disposal Service Fee 8-1 Vote with Martin Voting against Motions and Orders: #139 6/25/2010 Regular Meeting By Council President Cahill Ordered: I hereby appoint Kathleen P. Connolly at temporary City Clerk for thirty days commencing July 1, 2010 Order read once and adopted 9-0 Vote #140 BF-PC 4th of July Committee Request to hang banner over West St. Order read once and adopted 9-0 Vote Meeting Adjourned: 8: 15 PM Attest: Frances A. Macdonald, CMC City Clerk 6/25/2010 Page 70f7