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2012-10-01Regular Meeting Page 1 of 5 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, October 15, 2012 10 :40 AM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: 10- 1- 12ccmeet.doc Regular Meeting Beverly City Council 7:00 PM Tuesday, October 1, 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 Latter Acceptance of Minutes September 17, 20,2 Public Hearings and Speakers: 1. Eileen Macdonald - Dog Park Committee 2. Stephen d. Immerman Ed.D - Montseratt College Public Hearing: 7:20 PM Order # 189 Approval of Grants and request for transfer from Reserve for Unforeseen Public Hearing Closed and referred to Finance & Property Communications from His Honor the Mayor: #196 October 1, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached is a letter from Fire Chief Paul Cotter requesting the approval for the donation of a 2006 Ford Van by Northeast Regional Ambulance. I respectfully ask the Council to consider this request. Very truly yours, 10/19/2012 Regular Meeting William F. Scanlon, Jr. Mayor Refer to Finance & Property #197 October 1, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 5 I hereby appoint, subject to your review and recommendation Mr. Marshall Handly, 6 Clark Avenue to serve as a Trustee of the Public Library. Mr. Handly will take the place of Mr. John Kelley who recently resigned. His term to be effective until January 31, 2015. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services Communications from other City Officers and Boards: #198 Communication from Councilor Guanci, chair of ECDC re: recommendation of proposed residential TIF District — Rantoul Street Receive and Place on file #199 Communication from City Clerk re: Warrant for State Election — November 6, 2012 Receive and Place on file Communications, Applications and Petitions: Reports from Committees: 10/19/2012 Regular Meeting # 189 Page 3 of 5 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Communication from Finance Dir. John Dunn re: request to accept Federal Grants and approval of transfer of $87,500.00 from Mayors Reserve for unforeseen account to the Fire Equipment Purchase Fund 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 accept the Federal Grants and approve the transfer of $87,500.00 from Mayors Reserve for unforeseen account to the Fire Equipment Purchase Fund Order read once and adopted 9 -0 # 192 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of communication from Councilor Guanci re: 2nd Water Meters 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 # 196 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of communication from Mayor Scanlon re: request for approval for the donation of a 2006 Ford Van by Northeast Regional Ambulance 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 #185 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilors Slate and Troubetaris relative to an ordinance amending an ordinance - Article XXII Offenses and Miscellaneous Provisions have considered said matter and beg leave to report as follows, to wit: In the year Two thousand and Twelve be it ordained by the Beverly City Council of the City of Beverly that the following Ordinance be amended as follows" Article XXII Offenses and Miscellaneous Provisions Delete: Sec. 22.41 Glover Wharf Regulations As adopted and replace with the following: Article XXII, Sec. 22.41 Glover Wharf Regulations: The police department, as well as the harbormaster, deputy harbormaster and assistant harbormasters in their capacity as special police officers of the city, subject to the direction and control of the Chief of Police, shall be the enforcement persons of this Ordinance. The fine for violation of any of the Glover Wharf Regulations shall be Twenty -five dollars ($25.00) for each offense except for exceeding the time limit for remaining at the transient dock. Boats docked at the transient dock in excess of the posted time limits shall be subject to a fine of Twenty -five dollars ($25.00) for the first offense, Fifty dollars ($50.00) for the second 10/19/2012 Regular Meeting Page 4 of 5 offense, and One hundred dollars ($100.00) for each subsequent offense. For the purpose of this section recreational boat slips shall mean those floating docks at the Glover Wharf Marina on the water side of the fence along the concrete platform and east of the recreational boat gate. The "J" area shall mean the area from the recreational boat gate to the end of the transient dock and the "Apron" shall mean the concrete platform and the fence along the length of the concrete platform. The pier shall mean the public pier. (1) The following restrictions shall apply to the "J" area: (a) No casting at anytime; (b) No access from 10:00 p.m. to 6:00 a.m. excepting persons currently leasing a recreational boat slip and their guests, dinghy rack holders and transient docked boaters; (c) Trash In /Trash /Out policy applies; (d) Fishing will be allowed in those areas designated by the Harbor Management Authority and in a manner not to impede navigation (e) Boats may tie up temporarily at the transient dock tie -up for a period of time not to exceed the posted time limit. (2) The following restrictions shall apply to the Apron (a) No casting at anytime; (b) No access from 10:00 p.m. to 6:00 a.m. (c) Trash In /Trash Out policy applies (d) Fishing will be allowed in designated by the Harbor Management Authority and in a manner not to impede navigation (3) The following restrictions shall apply to the Pier: (a) No casting at any time (b) No access from 10:00 p.m. to 6:00 a.m. (c) Trash In/Trash Out policy applies. (d) Fishing will only be allowed in those areas designated by the Harbor Management Authority and in a manner not to impede navigation (4) Only persons currently leasing a recreational boat slip and their guests are allowed access to the recreational boat slips. Ordinance read once and held for advertising and final passage per charter provisions: First Reading: September 4, 2012 Second Reading: October 1, 2012 Final Passage: October 15, 2012 #193 10/19/2012 Regular Meeting Page 5 of 5 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application: Class II MVDL — DBA - Beverly Auto Top& Upholstery 78 Cabot St., 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 #175 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment — Pat McAleer of 6 Warren St. to the Beverly Harbor Management Authority 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 #190 The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment — Ms. Elizabeth Caputo, 137 McKay Street to serve as trustee on the David Lynch Public Parks Fund. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment Order read once and adopted 9 -0 Unfinished Business: Motions and Orders: Meeting adjourned: 7:40PM Attest: Kathleen P. Connolly, CIVIC City Clerk 10/19/2012