2013-03-04Regular Meeting
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Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Wednesday, March 06, 2013 1:16 PM
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: 3413.doc
Regular Meeting
Beverly City Council 7:00 PM March 4, 2013
Roll Call: Councilors D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr.,
Maureen Troubetaris, Brett Schetzsle, Jason Silva. P. Guanci (absent)
Pledge of Allegiance to the Flag: Councilor Troubetaris
Acceptance of Minutes: Februar 19, 2013
Public Hearings and Public Speakers:
Presentations, Awards and Memorials:
# Zs
RESOLUTION
City Council
City of Beverly, Massachusetts
Frederick J. Butler
Whereas: Fred Butler was born in Dorchester, Massachusetts on November 23, 1906. However, he spent the majority
of his life living in Beverly, having retired from the City's Water Department in 1975.
Whereas: Fred Butler finished eighth grade and went to work full -time to help his Mother raise his five
siblings. The money he earned helped with the necessities of raising a family.
Whereas: Fred Butler was drafted into the United States Army when he was 34 years old and served from 1941 to
1945. His tour of duty took him to England and the Philippines. Any extra money he earned, he sent home to
help his mother take care of herself and other family members.
Whereas: Fred Butler's approach to life was to work hard and provide for his family. He and his wife Ruth shared 65
years together and raised five children, all born in Beverly: Susan, Kathleen, Margaret, Fred, Jr and Jim. All
their children graduated from Beverly High School, as did many of their grandchildren.
Whereas: Fred Butler has always lived near Beverly High School and watched in awe as the new campus was created.
He was able to attend the Open House in 2010 and still reads the local paper for updates about happenings in
3/6/2013
Regular Meeting
the City as well as at Beverly High School.
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THEREFORE BE IT RESOLVED: Since education has been of the utmost importance to FRED BUTLER, it is with great
pleasure that we present him today, at the AGE of 106 and our oldest citizen of the City of Beverly, an HONORARY
DIPLOMA from BEVERLY HIGH SCHOOL.
Communications from His Honor the Mayor:
#29
March 4, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation Mr. Dana Staples, 36 Pleasant Street, Beverly to serve on the Registrars of
Voters.
His term to be effective from March 31, 2013 until March 31, 2016.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to public Services
#30
March 4, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As is fully explained in Finance Director John Dunn's attached letter, we are requesting that you approve a transfer of $212,787 from the
Airport Enterprise Fund to pay for engineering work associated with the reconstruction of the West Apron.
Sufficient funds to allow the transfer are available in the Airport Enterprise Fund and the entire amount of the transfer will be reimbursed to
the Airport.
Please initiate action on this matter tonight, March 4th, and set a public hearing and vote for your next regularly scheduled meeting. Thank
you.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance & Property
Communications from other City Officers and Boards:
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Regular Meeting
#31
March 4, 2013
City Councilor Don Martin
C/o City Clerk's Office
City Hall, 191 Cabot Street
Beverly, MA 01915
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RE: REQUEST FOR WAIVER OF OCCUPANCY PROVISIONS OF AFFORDABLE
HOUSING DEED RIDER
Dear Councilor Martin:
I received the attached request from the current owner of an affordable housing unit at Dunham Castle
condominiums (36 Dunham Road). I am requesting your assistance /sponsorship of this request as a "late
file" for this evening's Council meeting, so that the process of considering the request can get underway.
There are two provisions (one in the Unit Deed, one in the unit's Deed Rider) applicable to this and other
affordable units in this development that require the owner to occupy the property as his/her principal
residence:
At bottom of fourth [unnumbered] page of Unit Deed:
"The Unit is intended for residential purposes
only. No use may be made of the Unit except as a
residence for the Owner thereof or permitted
lessees and the members of their immediate
families..."
Provision #5 on page 4 of Deed Rider also references owner occupancy and in addition prohibits
leasing of the Property unless the City consents to it:
"Grantees agree that they shall occupy the property as their principal residence as long as they
own the Property and shall not lease the Property without the consent of the City of Beverly."
The current owner of the unit does not reside there and in fact allows his in -laws to live there. In
accordance with the terms of the Deed Rider, the City of Beverly must authorize this arrangement. The
attached letter explains the reasons behind the request.
Please consider submitting this request to the City Council as a "late file" for this evening's meeting so
that the consideration process can begin.
I am happy to answer any questions that you or the Council may have on this matter at any time.
Respectfully,
Tina P. Cassidy, Director
Planning & Development Department
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Refer to Legal Affairs
Communications, Applications and Petitions:
#32
Application Hawkers and Peddlers License Caf6 Maria (Food Cart)
Refer to Legal Affairs
#33
Application Second Hand Junk Dealers License- Swag Boutique, 194 Cabot St..
Refer to Legal Affairs
#34
Application Lodging House License - Oprzedek Realty Trust, 68 Dane St.
Greycroft Inn
Refer to Legal Affairs
Reports from Committees:
#30
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The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of transfer of Funds Airport Enterprise
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 of the City of Beverly will hold a Public Hearing On March 18, 2013 at 7:20 PM
In Council Chambers, Third Floor, 191 Cabot St. Beverly, Ma relative to a transfer of $212,787.00 from the Airport Enterprise Fund free
cash to fund the engineering portion of the reconstruction of the West Apron.
Order read once and adopted 8 -0 Vote
#23
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment to Parking and Traffic
Commission of Sgt. Russ Rollins, Police, Lt. William Fiore, Fire Dept, John Somes, Chamber of Commerce and Tina Cassidy, Planning
Department have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
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Order read once and adopted 8 -0 Vote
#26
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Hawkers and Peddlers License
John Doyle, Doyle's Dogs (Food Cart) have considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adopted 8 -0 Vote
#26
The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment of Mr. Dana Staples 36
Pleasant St. to the Board of Registrars have considered said matter and beg leave to report as follows, to wit:
His term to be effective from March 31, 2013 until March 31, 2016
Recommend the Council approve the reappointment
Order read once and adopted 8 -0 Vote
Motions and Orders:
Unfinished Business:
Order #21 Ordinance Article II Sec 2.13 Financial Forecasting Committee
First Reading: February 4, 2013
Second Reading: February 19, 2013
Advertised and held for final passage per City Charter and Ordinances
Meeting Adjourned 7:15 PM
Attest: Kathleen P. Connolly, CMC
City Clerk
3/6/2013