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2012-04-17Regular Meeting Page 1 of 6 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Saturday, May 05, 2012 1 :20 PM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beveryma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov; BETTERGOV1 @aol.com Subject: 4- 17- 2012Regular Meeting.doc Regular Meeting Beverly City Council 7:00 PM April 17, 2012 Roll Call: Councilors Present: P. Guanci, D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason C. Silva, Donald Martin, Brett Schetzsle, Maureen Troubetaris, Pledge of Allegiance to the Flag: Councilor Houseman Acceptance of Minutesfrom April 2, 202 Public Hearings and Speakers: Charlie Perlo — Chair of Solid Waste Management Committee 7:20 PM Public Hearing #69 Review of Ordinance re Public Works Article #1 Trash removal and Disposal Fee Sec 20- 9 Communications from His Honor the Mayor: #82 April 17, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Maureen M. Trefry, 43 Glidden Street, Beverly to serve as a Commissioner of Trust Funds. Her term to be effective until December 31, 2014. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 5/8/2012 Regular Meeting #83 April 17, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 6 I hereby reappoint, subject to your review and recommendation the following citizens to serve as members of the Cultural Council. Stacy Thomas - Vickory 127 Cedar Street Gina Chase 185 Hale Street Gail Eaton 45 Rantoul Street, #315 Their terms to be effective from April 30, 2012 until April 30, 2015. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from other City Officers and Boards: #22A Communication from Parking & Traffic Refer to Legal Affairs #84 Communication from Finance Director john Dunn relative to bequest to City Dorothy Ripley Trust. Refer to Finance and Property #79A Communication from Design review Board r H & R Block, 79 Cabot St. Refer to Legal Affairs Communications, Applications and Petitions: #85 Communication relative to Change of Owner Lodging House 32 Broadway Refer to Legal Affairs 5/8/2012 Regular Meeting #86 Communication relative to Change of address City Taxi and Tri City from Cummings Ctr. Refer to Legal Affairs #87 Request Waiver of Alcohol in Public building ordinance Beverly Public Library Refer to Legal Affairs ri; Application second Hand Junk Dealers License —Funky Junk, Inc., 135 Cabot St. Refer to Legal Affairs Reports from Committees: # 84 Page 3 of 6 The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of request for acceptance of bequest from Dorothy Ripley Trust have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Beverly City Council accept a bequest in the amount of $89,884.99 from the Dorothy Ripley Trust, the proceeds of which will be expended by the Recreation Department according to the terms of the bequest. Order read once and adopted 9 -0 Vote #22 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for parking study Sunnyvale and Desmond have considered said matter and beg leave to report as follows, to wit: Receive and Place on File as per recommendation of Parking and Traffic Commission Order read once and adopted 9 -0 Vote #21A The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for parking study Sunnyvale and Desmond have considered said matter and beg leave to report as follows, to wit: 5/8/2012 Regular Meeting Page 4 of 6 Receive and Place on File as per recommendation of Parking and Traffic Commission Order read once and adopted 9 -0 Vote #71 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Mayors request to sign regulatory agreement Burnham Apts. 363 -399 Rantoul 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 Mayor be and the same is hereby authorized to sign the attached Regulatory Agreement relative to the Burnham apartments project at 363 -399 Rantoul St. Order read once and adopted 9 -0 Vote #72 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Zoning Amendments relative to Accessory Apartments (Section 29 -2.b.) and Section 29 -24.c. considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered that notice is hereby given in accordance with M.G.L. Chapter 40A, Section5 that the Beverly City Council and Beverly Planning Board will hold a Joint Public Hearing on Monday, June 4, 2012 at 7:20 p.m. in the City Council Chambers, third floor, Beverly City Hall, 191 Cabot St., Beverly, MA relative to proposed amendments to the zoning provisions for accessory apartments. Specifically, the existing Section 29 -24.0 (Special Provisions for Accessory Apartments) and Section 29 -2. B.1.(definition of Accessory Apartments) will be stricken and replaced with the proposed amendments. The text of the proposed amendments is on file in the Planning Dept. and City Clerk's Office and is available for public review. #73 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request to accept gift of Land to Beverly conservation Commission have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption ORDERED: That pursuant to G.L. Chapter 40 §8C the City approve the acceptance of a gift from The 2008 LLC by the Beverly Conservation Commission of a parcel of land known as Lot 29 on Land Court Plan 31995 -L (formerly known as Lot C -1, as part of Request for Proposals for the Lease and Sale of Surplus Airport Property dated May, 2006) containing approximately 6.00 acres located on Sam Fonzo Drive in Beverly. This gift is subject to certain easements in favor of The 2008 LLC, its successors and /or assigns, in such land to replicate wetland areas within said parcel and for the preservation of such land in its natural, scenic or open condition, all upon such terms and conditions as the Conservation Commission shall determine to be appropriate. The Mayor is hereby authorized to execute such agreements, restrictions and other documents necessary to effectuate the purpose of this vote. A TRUE COPY ATTEST: City Clerk Order read once and adopted 9 -0 Vote 5/8/2012 Regular Meeting #60 Page 5 of 6 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Second Hand Junk Dealers License (Plum Consignment LLC —156 Cabot St. (Pamela Hulbert) 50 Rantoul St. Beverly, MA. have considered said matter and beg leave to report as follows to wit: Recommend the Council approve the License Order read once and adopted 9 -0 Vote #67 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for waiver of ordinance re: Alcohol in Public Buildings (Beverly Farms Library) Carmela Martin —19 vine St. Beverly, MA. 01915 have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 9 -0 Vote 3 1 F 6 11 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Slate relative to amendment of Ordinance Stopping, Standing & Parking Sec. 21.13 Off Street Parking Generally have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying Amended Ordinance and recommend its Adoption In the year two thousand and twelve An Ordinance Amending an Ordinance Section 21.13 Stopping, Standing and Parking Off — Street Parking Generally ADD (vi) In the parking area at 4 McPherson Drive, there shall be 3 Handicap spaces and the remainder of the lot shall be marked "Parking for Youth Center & Public Park Only/ All others Will Be Towed At Owner's Expense ". AND (v) Towing of vehicles parked in special areas. ADD (i) 4 McPherson Drive, vehicles not identified as Youth Center /Public Park patrons. First Reading: March 19, 2012 Second Reading: April 2, 2012 Final Passage: May 7, 2012 Ordinance read once and held for advertising and final passage as per charter provisions 9 -0 #51 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Petition — National Grid installation of underground concrete encased conduits (Bow St.) have considered said matter and beg leave to 5/8/2012 Regular Meeting report as follows, to wit: Recommend the Council approve the Petition First reading: February 21, 2012 Public Hearing: March 19, 2012 Second Reading: April 2, 2012 Order read once and adopted 9 -0 Unfinished Business: Motions and Orders: # 80 Order: Councilor Houseman (late file) Resolution for Dr. Mayo Johnson Receive & Place on File Order: Councilor Troubetaris Amendment of Ordinance — Beverly Harbor Mgt. Authority Refer to Legal Affairs Meeting adjourned: 8:45PM Attest: Kathleen P. Connolly, CIVIC City Clerk Page 6 of 6 5/8/2012