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2014-06-16Regular Meeting Page 1 of 12 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, August 11, 2014 3 :19 PM To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com Subject: June 16, 2014 Regular Meeting Beverly City Council 7:00 PM June 16, 2014 Roll C Councilors: John P. Frates Jr., Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci, Pledge of Allegiance to the Flag: Councilor Martin Acceptance of Minutes: Meeting of June 2 and Special Meeting of June 9, 2014 Public Speakers and Hearings: Public Hearings: 7:20 PM #131 Proposed Zoning Amendment Cha 38 -31 New Section 38 -31. F Beverly Harbor Interim Planning overlay District (BHIPod) Refer to Legal Affairs 7:30 PM #1412015 Fiscal Year Budget Refer to Finance and Property 7:40 PM #144 Interdepartmental Dept. Transfers Refer to Finance and Property Presentations, Awards and Memorials: Communications from His Honor the Mayor: #158 June 16, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Ms. Christine Bertoni, 62 Hart Street, Beverly to serve on the Conservation 8/21/2014 Regular Meeting Commission. Her term is to be effective from June 30, 2014 until June 30, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #159 June 16, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 12 I hereby reappoint subject to your review and recommendation Ms. Savery Hinton Kelley, 37 Railroad Avenue, Beverly to serve on the Cultural Council. Her term is to be effective until April 30, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Public Services #160 June 16, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Leland McDonough, 113 Valley Street, Beverly to serve on the Beverly Housing Authority. Her term is to be effective from June 30, 2014 until June 30, 2019. Very truly yours, Michael P. Cahill, Mayor Refer to Public Services #161 June 16, 2014 8/21/2014 Regular Meeting Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 3 of 12 I hereby appoint, subject to your review and recommendation, Mr. Joe Santamaria, 8 Beverly Commons Drive, #36, Beverly MA to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Santamaria's application, which has been approved by Police Chief John LeLacheur. Mr. Santamaria's term will be effective until May 31, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #162 June 16, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Douglas T. Vigliotta, 9 Deer Haven Road, Beverly MA to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Vigliotta's application, which has been approved by Police Chief John LeLacheur. Mr. Vigliotta's term will be effective from July 31, 2014 until July 31, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #163 June 16, 2014 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am hereby submitting for your consideration two Home Rule Petitions seeking additional liquor licenses for the City of Beverly. The purpose of the Petitions is to promote economic development by allowing for the issuance of additional licenses at the discretion of the City at locations and to establishments in a thoughtful, planned manner that will facilitate that goal. 8/21/2014 Regular Meeting A summary of the Petitions is attached herewith. Very truly yours, Michael P. Cahill, Mayor HOME RULE PETITION Page 4 of 12 Voted, to petition the General Court to enact legislation authorizing the Licensing Authority of the city of Beverly to issue: (a) (1) additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; and (b) (5) additional licenses for the sale of all alcoholic beverages to be drunk on premises, pursuant to section 12 of said Chapter 138, with 2 of these 5 licenses to be restricted to establishments with seating capacities of not more than 150 persons, all licenses being subject to the terms and conditions set forth in the proposed special legislation below concerning the payment of an acquisition fee, procedure for application for and issuance of licenses and limitations of transfers; provided that the legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition. The purpose of this Petition is to spur economic development by allowing for the issuance of additional licenses at the discretion of the City at locations and to establishments in a manner that will facilitate that goal. A draft of the proposed legislation is set forth herein below: AN ACT AUTHORIZING THE CITY OF BEVERLY TO ISSUE ADDITIONAL LIQUOR LICENSES Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follow: SECTION 1. Notwithstanding section 17 of Chapter 138 of the General Laws, the licensing authority of the city of Beverly may issue: (a) (1) additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; and (b) (5) additional licenses for the sale of all alcoholic beverages to be drunk on premises, pursuant to section 12 of said Chapter 138, with 2 of these 5 licenses to be restricted to establishments with seating capacities of not more than 150 persons. The licenses shall be subject to all of said Chapter 138 except said section 17. The licensing board may restrict the all- alcoholic beverage license to a holder of a common victualler license. SECTION 2. Notwithstanding sections 12 and 15 of chapter 138 of the General Laws, any license authorized by and issued pursuant to this Act may be subject to an initial, one -time acquisition fee, the amount to be determined by the city of Beverly, in addition to the existing annual license fee applicable in the city of Beverly for the sale of all alcoholic beverages to be drunk on premises or for the sale of all alcoholic beverages not to be drunk on the premises; provided such fee is to be due and payable upon the original granting of any such 8/21/2014 Regular Meeting Page 5 of 12 license and also upon reissuance of any such license pursuant to this act. SECTION 3. Notwithstanding section 16B of chapter 138 of the General Laws, the City of Beverly shall have discretion regarding whether to accept for filing an application seeking the issuance of a license authorized by this Act. Upon such acceptance, an application will be subject to section 16B. SECTION 4. Any license issued under this Act shall not be transferable to any other person, corporation, entity, or organization. If a license issued under this Act is revoked, surrendered, or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority, which may then issue the license to a new applicant only at the same location under the same conditions as specified in this Act provided that the applicant files a letter in writing from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with the those entities and that all applicable taxes, fees, and contributions have been paid. SECTION 5. This Act shall take effect upon its passage. Refer to Legal Affairs Communications from other City Officers and Boards: #164 Beverly Harbor Management Authority Proposed FY 2015 Budget Receive and Place on File #165 Financial forecast FY 2015 to FY 2017 ( Budget Analyst) K. Griffin Order read once and adopted Communications, Applications and Petitions: #166 Communication re Reid's Ride July 20, 2014 Receive and Place on File #167 Application for License to peddle Matthew Philip Sweitzer (Hot dogs and Sausage) 8/21/2014 Regular Meeting Refer to Legal Affairs #168 Application Second hand Junk Dealers License - The Estate Sale Company Kaminski Auctions Refer to Legal Affairs #169 Request for change of name for Generation 2000 Class II MVDL Refer to Legal Affairs #170 Page 6 of 12 Beverly Farms — Prides Crossing 4th of July Committee request to hang banner over West street relative to annual 4th of July Celebration Order read once and adopted 9 — 0 Vote Reports from Committees: #127 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order for $1,350,000.00 Rantoul Street area Sewer System 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 an appropriation and Loan Order for $1,350,000 to pay costs of cleaning and relining sewer mains in the Rantoul Street area, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore Loan Order: That $1,350,000 is hereby appropriated to pay costs of cleaning and relining sewer mains in the Rantoul Street area, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1A) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. First Passage: May 19, 2014 Public Hearing: June 2, 2014 Final Passage: June 2, 2014 Order read once and adopted on a roll call vote 9 -0 Yea: Councilors Frates, Houseman, Lang, Latter, Martin, Rand, St.Hilaire, Silva, Guanci Nay: None 8/21/2014 Regular Meeting #128 Page 7 of 12 The Committee on Finance and property / Committee of the Whole to whom was referred the matter of Loan Order for $1,350,000.00 Cove area Sewer system 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 an appropriation and Loan Order for $1,350,000 to pay costs of engineering and constructing the Cove Area Sewer System, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Ordered: that $1,350,000 is hereby appropriated to pay costs of engineering and constructing the Cove Area Sewer System, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7(1) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. First Passage: May 19, 2014 Public Hearing: June 2, 2014 Final Passage: June 2, 2014 Order read once and adopted on a roll call vote 9 -0 Yea: Councilors Frates, Houseman, Lang, Latter, Martin, Rand, St.Hilaire, Silva, Guanci Nay: None #129 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order ($800,000.00) Stanley Street Water Main 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 appropriation and Loan Order for $800,000.00 to pay costs of rehabilitating the Standley Street Water Main, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Ordered: that $800,000 is hereby appropriated to pay costs of rehabilitating the Standley Street Water Main, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Order read once and adopted on a roll call vote 9 -0 Yea: Councilors Frates, Houseman, Lang, Latter, Martin, Rand, St.Hilaire, Silva, Guanci Nay: None #130 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Loan Order ($800,000.00) Beverly Farms Water Main have considered said matter and beg leave to report as follows, to wit: 8/21/2014 Regular Meeting Page 8 of 12 Submit the accompanying order and recommend its adoption Ordered: That the City Council approve an appropriation and Loan Order of $2,900,000.00 to pay costs of rehabilitating the Beverly Farms Water Main, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Loan Order: that $2,900,000 is hereby appropriated to pay costs of rehabilitating the Beverly Farms Water Main, including the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor and the City Council, is authorized to borrow said amount under and pursuant to Chapter 44, Section 8(5) of the General Laws, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. Order read once and adopted on a roll call vote 9 -0 Yea: Councilors Frates, Houseman, Lang, Latter, Martin, Rand, St.Hilaire, Silva, Guanci Nay: None #143 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request for recognition and approval of Snow removal expenses 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 recognize and approve the request of the Mayor to carry snow and ice removal appropriation in the amount of $404,868.00 to be carried into Fiscal Year 2015 as an outstanding liability Order read once and adopted 9 -0 Vote #145 The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of Lease Purchase with Apple for 1 to 1 laptop initiative at BHS 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 Lease/ Purchase wit Apple for the 1 to 1 laptop Initiative at Beverly high School . The transaction exceeds the 36 month duration and needs Council approval Order read once and adopted 9 -0 Vote #150 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request of Police Department to pay past due balance 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 a transfer of $1,287.00 from account #12102 -52461 for a separate appropriation in police Budget for payment of one past due balance. Order read once and adopted 9 -0 Vote 8/21/2014 Regular Meeting #155 Page 9 of 12 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request to use City Property for Temporary Storage Unit 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 placing of a temporary storage unit at 15 Kernwood Heights until July 11 As per the request of the homeowners Dan and Annie Baker. Proper Insurance has been obtained. 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 Lease Purchase with Apple for 1 to 1 laptop initiative at BHS 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 Lease/ Purchase wit Apple for the 1 to 1 laptop Initiative at Beverly high School . The transaction exceeds the 36 month duration and needs Council approval 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 reappointment of Michael Collins to serve as Commissioner of Public Services, Public Works and director of engineering for three years. have considered matter and beg leave to report as follows, to wit: Recommend the council approve the reappointment Order read once and adopted 9 -0 Vote #149 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of reappointment of Paul knight to serve on the Conservation Commission have considered matter and beg leave to report as follows, to wit: Recommend the council approve the reappointment Order read once and adopted 9 -0 Vote #151 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment of Darien Beverly's Community Preservation Committee considered matter and beg leave to report as follows, to wit: 8/21/2014 Regular Meeting Page 10 of 12 Recommend the council approve the reappointment Order read once and adopted 9 -0 Vote #152 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Petroleum Storage license A. L. Prime Energy Consultants have considered matter and beg leave to report as follows, to wit: Recommend the council approve the license Order read once and adopted 9 -0 Vote #163 The Committee on Legal affairs to whom was referred the matter of home rule petition — additional liquor Licenses (City of Beverly have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Communication re: Home Rule Petition Ordered: that the City council Voted, to petition the General Court to enact legislation authorizing the Licensing Authority of the city of Beverly to issue: (a) (1) additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; and (b) (6) additional licenses for the sale of all alcoholic beverages to be drunk on premises, pursuant to section 12 of said Chapter 138, with 3 of these 6 licenses to be restricted to establishments with seating capacities of not more than 150 persons, all licenses being subject to the terms and conditions set forth in the proposed special legislation below concerning the payment of an acquisition fee, procedure for application for and issuance of licenses and limitations of transfers; provided that the legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition. The purpose of this Petition is to spur economic development by allowing for the issuance of additional licenses at the discretion of the City at locations and to establishments in a manner that will facilitate that goal. A draft of the proposed legislation is set forth herein below: AN ACT AUTHORIZING THE CITY OF BEVERLY TO ISSUE ADDITIONAL LIQUOR LICENSES Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follow: SECTION 1. Notwithstanding section 17 of Chapter 138 of the General Laws, the licensing authority of the city of Beverly may issue: (a) 8/21/2014 Regular Meeting Page 11 of 12 (1) additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; and (b) (6) additional licenses for the sale of all alcoholic beverages to be drunk on premises, pursuant to section 12 of said Chapter 138, with 3 of these 6 licenses to be restricted to establishments with seating capacities of not more than 150 persons. The licenses shall be subject to all of said Chapter 138 except said section 17. The licensing board may restrict the all- alcoholic beverage license to a holder of a common victualler license. SECTION 2. Notwithstanding sections 12 and 15 of chapter 138 of the General Laws, any license authorized by and issued pursuant to this Act may be subject to an initial, one -time acquisition fee, the amount to be determined by the city of Beverly, in addition to the existing annual license fee applicable in the city of Beverly for the sale of all alcoholic beverages to be drunk on premises or for the sale of all alcoholic beverages not to be drunk on the premises; provided such fee is to be due and payable upon the original granting of any such license and also upon reissuance of any such license pursuant to this act. SECTION 3. Notwithstanding section 16B of chapter 138 of the General Laws, the City of Beverly shall have discretion regarding whether to accept for filing an application seeking the issuance of a license authorized by this Act. Upon such acceptance, an application will be subject to section 16B. SECTION 4. Any license issued under this Act shall not be transferable to any other person, corporation, entity, or organization. If a license issued under this Act is revoked, surrendered, or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority, which may then issue the license to a new applicant only at the same location under the same conditions as specified in this Act provided that the applicant files a letter in writing from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with the those entities and that all applicable taxes, fees, and contributions have been paid. SECTION 5. This Act shall take effect upon its passage. Order read once and adopted on a roll call vote 9 -0 Yea: Councilors Frates, Houseman, Lang, Latter, Martin, Rand, St.Hilaire, Silva, Guanci Nay: None #163A The Committee on Legal affairs to whom was referred the matter of home rule petition — additional liquor Licenses (City of Beverly Bell Market have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Receive and Place on File Order read once and adopted 9 -0 Vote 8/21/2014 Regular Meeting #147 Page 12 of 12 The Committee on Public Services /Committee of the Whole to whom was referred the matter of appointment of Rebecca Dupont -Coutu to the Solid Waste Management Committee have considered matter and beg leave to report as follows, to wit: Recommend the council approve the appointment Order read once and adopted 9 -0 Vote #148 The Committee on Public Services / Committee of the Whole to whom was referred the matter of appointment of Sandra Cook to serve on the Design Review Board have considered 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: Final Passage: #104 Ordinance floodplain overlay District ordinance Final Passage: #126 Amendment Community Preservation Act Ordinance Motions and Orders: Meeting Adjourned: 10:05 PM Attest: Kathleen P. Connolly, CMC City Clerk 8/21/2014