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2013-09-16Regular Meeting Page 1 of 6 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, October 07, 2013 11:32 AM To: pguanci @beverlyma.gov; wslate @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov; mtroubetaris @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: Regular Meeting9- 16- 13.doc Regular Meeting Beverly City Council 7:00 PM - Tuesday - September 16,2013 Roll Call: Councillors P. Guanci D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Brett Schetzsle, Jason Silva. Pledge of Allegiance to the Flag: Councilor Houseman Acceptance of Minutes: September 3, 2013 Public Speakers: Stephen Immerman, President Montserrat College of At Public Hearings: 7:15 PM Order #140 Transfer of Funds $145,000. Closed and referred to F &P 7:20 PM Order # 133 Additional Liquor Licenses Closed and referred to Legal 8:00 PM Order #128 Continuation of Joint Public Hearing - Amendment to Zoning District Map (IR to IR Overlay) CONTINUED due to overcrowding in Council Chambers - rescheduled for Special Meeting at the Beverly High School Auditorium on September 19 @ 7:00 PM Presentations, Awards and Memorials Communications from His Honor the Mayor: #154 September 12, 2013 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: REQUEST FOR WAIVER OF RIGHT OF FIRST REFUSAL FOR UNIT 104 AT 3 6 DUNHAM ROAD Dear Honorable Council: Members will recall that some time ago, the City discovered that a non - qualifying tenant was living in this affordable housing unit. The unit owner, Mr. Steven Jaworski, appeared before the City Council in February of 2013 requesting permission to continue the rental arrangement and after initial discussions elected to withdraw that request and instead sell the unit to a qualified buyer. 10/9/2013 Regular Meeting Page 2 of 6 As outlined in the Deed Rider for this unit, the City worked with the owner to identify a qualified purchaser by but was unsuccessful in doing so. The property owner then worked on his own to find a buyer and has done so. Accordingly, the owner is now seeking a waiver of the City's right of first refusal on this unit. If granted, the conditions in the original 1989 affordable housing Deed Rider regarding affordability and resale will remain in force and effect for this unit. Attached are a cover letter from Mr. Jaworski's attorney, a Waiver of Right of First Refusal, an appraisal of the property, the Purchase and Sales Agreement between the current and prospective owner, and a Rider to the Purchase and Sales Agreement. City Planner Tina Cassidy recommends approval of this request and can be reached at (978) 921 -6000, ext. 2343 if you have any questions regarding this request. Very Truly Yours, William F. Scanlon, Jr. Mayor Communications from other City Officers and Boards: #155 September 11, 2013 Beverly City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: REQUEST FOR SHORT -TERM PARKING SPACE IN VICINITY OF 15 OAK STREET (THE DOGGIE DEPOT) /AMENDMENT TO SUBSECTION (i)(i) OF SECTION 21.13 OF THE CITY ORDINANCES ENTITLED STOPPING, STANDING AND PARKING Dear Honorable Council: The Parking and Traffic Commission was recently contacted by the owner of the above - referenced establishment who requested that the City consider installing a short -term parking space in close proximity to the above - referenced address. On- street parking spaces nearby are often occupied early in the day by commuters using the Farms train station, leaving no short -term parking for customers of his business or of others nearby. After considering the request and conducting research which included an inventory of on and off - street spaces nearby, parking patterns and schedules, the Commission voted unanimously to recommend that one (1) 30- minute parking space be created on the southerly side of Oak Street in front of 15 Oak Street. The Commission further recommends that the exact location of the space and the signage associated with it be determined by the Engineering and Police Departments. Respectfully, Richard Benevento Chairman 10/9/2013 Regular Meeting Refer to Legal Affairs Communications, Applications and Petitions: #156 Application for Second Hand Junk Dealers License (Interesting Finds) 135 Cabot Street, Beverly, MA. Refer to Legal Affairs #157 I Application — for 14Taxi Cabs Licenses — Americab Taxi Inc. 10 Jefferson Ave. Salem, MS. Refer to Legal Affairs & Police #158 Page 3 of 6 Request from WAM General Contractors Inc. to close down a section of sidewalk (public property) @ the rear of 364 Rantoul St. on Park St. to construct a retaining wall. Refer to Legal Affairs & Police Traffic #159 Application — for 2 Taxi Cab Licenses (MJM) Transportation 46 Cabot St., Beverly Refer to Legal Affairs& Police Reports from Committees: #140 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Communication from Mayor Scanlon re: transfer of funds $145,000.00 from Water Improvement Fund to Harbor Management 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 approve the transfer of $145,000. from the Waterways Improvement Fund ( #585) to 10/9/2013 Regular Meeting Page 4 of 6 the Beverly Harbor Management Authority Fund ( #410). Order read once and adopted 9 -0 Vote #154 (2012) #162 (2013) The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilors Dullea & Silva RE: Lynch Park Carriage House, 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 #100 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Latter Do Not Enter Sign @ the intersection of Bosworth & Balch Streets, have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the request First Reading June 3, 2013 Second Reading Sept. 16, 2013 Advertise and hold for Final Passage October 7, 2013 Order read once and adopted 9 -0 Vote #100 -A The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from the Parking & Traffic Commission re: Council Order #100 Do Not Enter Sign @ the intersection of Bosworth & Balch Streets, 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 #141 10/9/2013 Regular Meeting Page 5 of 6 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment to the Beverly Licensing Board — Mr. Joseph Trainor, 4 Brant Circle, Beverly, MA., 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 #145 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of communication from Parking & Traffic re: Review of intersection of Willow & Lovett Streets 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 #146 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Hawkers & Peddlers License — Richad Aurelio, Jr. 23 Tafts Ave, Winthrop, MA. (Hot Dog Cart) have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request for a License 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 permit to maintain a Sandwich Board Sign — Beverly Bootstraps —198 Rantoul St. Beverly, MA have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request for a permit Order read once and adopted 9 -0 Vote #142 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Beverly Cultural Council — Ms. Savery Hinton Kelley, 37 Railroad Ave. #4 Beverly, MA. 01915 Recommend the Council approve the Appointment 10/9/2013 Regular Meeting Order read once and adopted 9 -0 Vote Motions and Orders: Unfinished Business: Final Passage: Order # 13915 Minute Parking — 330 Rantoul Street In the Year Two Thousand and thirteen An Ordinance amending and ordinance entitled Motor Vehicles and Traffic Article XXI: Amend as follows Section 21.13 Stopping, Standing and Parking (h) Fifteen — Minute parking ADD: Rantoul Street #330 8:00 AM to 6:00 PM First Reading: August 5, 2013 Second Reading: September 3, 2013 Advertise and hold for final passage September 16, 2013 As per Order of the City Council Order read once and adopted Meeting Adjourned 8:50 PM 8 -0 Vote Councilor Dullea recused himself Attest: Kathleen P. Connolly, CMC City Clerk Page 6 of 6 10/9/2013