2014-10-06 (2)Regular Meeting Page 1 of 10
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Monday, November 03, 2014 2:12 PM
To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com
Subject: Oct.6,2014, Meeting
Regular Meeting
Beverly City Council 7:00 PM October 20, 2014
Roll Call: 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 Lang
Acceptance of Minutes: Regular Meeting of October 6, 2014
Public Speakers and Hearings: 7:20PM #224 Community Preservation Budget
Refer to Finance &Property
Presentations, Awards and Memorials:
Charlie Perlo — Chair of the SWMC to present a check to the BHS Football Team
Communications from His Honor the Mayor:
#247
October 20, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Over the past several years, the Friends of the Beverly Public Library led an appeal to collect donations
through numerous fundraising activities which resulted in the purchase and equipping of the City's new
bookmobile.
With this impressive resource now being utilized regularly by our citizens both young and old, the
Friends of the Beverly Public Library want to ensure it continues to benefit our City in the future. They
generously offered to donate $7,100.43, the leftover funds raised for the bookmobile, to the Beverly
Library Trust Fund to be utilized for purchases made for the bookmobile other than routine maintenance,
repairs or gas.
If approved by the Council, future disbursements from these funds will be made in consultation with the
11/26/2014
Regular Meeting Page 2 of 10
Library Director and the Bookmobile librarian. I respectfully request your approval for expending these
funds as outlined by the terms of the donation noted above.
I would also ask that you join me in sincere appreciation of the generosity and effort that the Friends of
the Beverly Public Library have shown our City. So often it is selfless efforts focused on a particular
goal, in this case a mobile library, that deliver on an unmet need and make such a difference in our City.
Sincerely yours,
Michael P. Cahill
Mayor
#248
October 20, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation the following residents to serve as Trustees
of the David Lynch Public Parks Fund:
Term
Ms. Joyce Frisello 62 Hathaway Avenue September 30, 2016
Mr. Kevin Hobin 6 Gardner Street September 30, 2017
Ms. Kathy Doane 83 Bisson Street September 30, 2015
Ms. Frisello will fulfill the term of Ms. Rosalie Kerr who recently relocated. Mr. Hobin will fill a
vacant seat. Ms. Doane will serve as the representative from the Beverly Improvement Society, her term
to be renewed on an annual basis.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Finance & Property
11/26/2014
Regular Meeting
#249
October 20, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 3 of 10
The City of Beverly is due to receive the transfer of FY 2015 Local Cultural Council grant funds from
the Massachusetts Cultural Council to the account for the Beverly Cultural Council.
The amount of the funds to be allocated from the Massachusetts Cultural Council is $10,970.
Massachusetts General Law Chapter 44 section 53A requires both council and mayoral approval before
any grant or gifts to the city can be expended for their prescribed purposed. I hereby request the council
approve this grant by taking action on this matter at the City Council meeting scheduled for October 20,
2014.
Sincerely yours,
Michael P. Cahill
Mayor
Order read once and adopted vote 9 - 0
Communications from other City Officers and Boards:
#250
Paul Guanci, President
Beverly City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: Community Preservation Committee First Round CPA Project Funding Recommendations
Dear President Guanci and Members of the City Council,
The Community Preservation Committee (CPC) has received, reviewed and herein makes funding
recommendations for the first round of project applications for the Community Preservation Act
funding. Since May of this year, the CPC, with valuable assistance from the City Finance and Planning
Departments, has worked to perform its due diligence in evaluating this first round of applications to
adhere to the program schedule outlined in public meeting last year. The first round drew a total of 14
11/26/2014
Regular Meeting
Page 4 of 10
applications for a total request of $1,384,584.00 from CPA funds. The CPC is pleased to submit the
enclosed recommendations, representing 12 projects for $1,035,902.00 of CPA funding.
All recommended projects are subject to the terms and conditions imposed by the Community Preservatii
Committee through anticipated Grant Agreements ( "Agreements "). The following Agreement conditions
common to all recommended projects:
1. Projects financed with Community Preservation Act funds must comply with all applicable state
and municipal requirements.
2. CPA funds are administered and disbursed by the City of Beverly in accordance with project
milestones and disbursement schedules contained in the Agreement.
3. Project oversight, monitoring, and financial control are the responsibility of the CPC or its
designee, or as required in project Agreements.
4. The CPC will require quarterly project status updates from Community Preservation Act Fund
recipients. Additionally, recipients shall also provide an interim report at the 50% Completion
Stage along with budget documentation.
5. All projects will be required to state "This project received funding assistance from the citizens
of Beverly through the Community Preservation Act" in their promotional material and, where
appropriate, on exterior signage.
The CPC reserves the right to include proj ect- specific terms in its Agreements with grant recipients,
including but not limited to conservation or preservation easements, documentation, and coordination
with municipal boards and commissions as appropriate.
As you are aware, pursuant to Massachusetts General Law, a public hearing must be scheduled prior to
any City Council vote is taken on the attached orders.
The CPC respectfully requests that the City Council consider approving the 12 attached appropriation
orders.
Applications for all projects are available for review in the Planning Department office, or on the CPC's
website. Should you have any questions or need additional information, please do not hesitate to contact
the Committee through its staff, Amy Maxner in the Planning Department.
Respectfully Submitted by: Community Preservation Committee
Chair Wendy Pearl, Historic District Commission Representative
Vice -Chair Darien Crimmin, At -Large Representative
Robert Buchsbaum, Conservation Commission Representative
Marilyn McCrory, Open Space & Recreation Committee Representative
Leland McDonough, Housing Authority Representative
Henry Pizzo, Parks & Recreation Commission Representative
Heather Richter, At -Large Representative
John Thomson, Planning Board Representative
Lincoln Williams, At -Large Representative
Re: Council Votes
Community Preservation Committee First Round CPA Project Funding Recommendations
October 16, 2014
To appropriate a total of $90,000 to the Beverly Housing Authority for the purpose of preserving existing
11/26/2014
Regular Meeting
Page 5 of 10
nmunity housing within three duplex units located at 101 -105 Essex Street through the removal of old and
deteriorating roof material and replacement with a 50 -year shingle roof, and installation of new gutters and
downspouts. Said appropriation shall consist of $60,000 from the Community Preservation Fund Community
Housing Reserve and $30,000 from the Community Preservation Fund balance.
To appropriate $20,000 from the Community Preservation Fund balance to Harborlight Community Partners for
the purpose of acquiring the building at 1 Monument Square and creating affordable housing therein for low
income seniors with site supportive services.
To appropriate $56,500 from the Community Preservation Fund Historic Preservation Reserve to the Beverly
Historical Society for the purpose of preserving an historic asset by rehabilitating and restoring the building
foundation, chimneys and mitigating drainage problems located at the Hale House 39 Hale Street.
To appropriate $25,000 from the Community Preservation Fund Historic Preservation Reserve to the City of
Beverly Clerk's Office for the purpose of preserving an historic asset by de- acidification and conservation of at-
risk municipal documents in City Hall.
To appropriate $16,000 from the Community Preservation Fund balance to the Prides -Farms Community
Association, Inc. for the purpose of preserving an historic asset by performing an architectural analysis that will
guide historically sensitive rehabilitation of the Hastings House building located at 14 Oak Street.
To appropriate $13,040 from the Community Preservation Fund Historic Preservation Reserve to the First Parish
Church, UU for the purpose of preserving an historic asset by developing an architectural design for a proposed
elevator within the First Parish Church located at 225 Cabot Street to ensure its eventual construction is in
compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
To appropriate $25,000 from the Community Preservation Fund balance to support the Lynch Park Advisory
Committee for the purpose of preserving an historic asset by conducting a feasibility study and preservation plan
for the Lynch Park Carriage House located at Lynch Park, 55 Ober Street, to ensure that any future modifications
to the building are in compliance with the Secretary of the Interior's Standards for the Treatment of Historic
Properties.
To appropriate $450,000 from bond proceeds to the City of Beverly to support the proposed purchase of land
and buildings located @ 44 Cole St. Beverly, Ma commonly known as "Camp Paradise ". The resulting debt
service payments and all costs incidental and related thereto, will be paid by annual revenue of the Community
Preservation Act.
To appropriate $85,000 from the Community Preservation Fund balance to the City of Beverly to rehabilitate
recreational lands by rehabilitating the restrooms at Lynch Park, 55 Ober Street.
To appropriate $177,663 from the Community Preservation Fund balance to Beverly Main Streets, for the
purpose of redesigning Ellis Square to make this recreational land functional for its intended use.
11/26/2014
Regular Meeting
Page 6 of 10
To appropriate $30,000 from the Community Preservation Fund balance to the City of Beverly for the purpose
of rehabilitating recreational lands through the construction of a new play structure at Lynch Park.
To appropriate $47,699 from the Community Preservation Fund balance to The Ryal Side Civic Association for
the purpose of rehabilitating recreational lands through the construction of a pavilion at Obear Park at 145
Livingstone Avenue.
Refer to Finance & Property
Communications, Applications and Petitions:
#251
Notice of Project Change from MEPA re: Phase 1 RT 128, Exit 19 @Brimbal Ave. Interchange Improvements Project.
Receive and Place on File
#252
Petitions from National Grid /Verizon New England re: (Joint or Identical Pole Locations) @ Melvin Ave. — Shortell Ave. and Winthrop Ave.
and Upland Road.
Refer to Public Services
Reports from Committees:
#234
The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Communication from — Beverly
Airport Commission re: request to demolish building #45 at the Airport 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
#243
The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of request for removal of trees at 9
Michael Road have considered said matter and beg leave to report as follows, to wit:
11/26/2014
Regular Meeting
Recommend the Council approve the following
Order read once and adopted 9 -0 Vote
#250
Page 7 of 10
The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Community Preservation First Round
Project Funding Recommendations 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 Monday November 3, 2014 at 7:30 PM in City Council
Chambers, 191 Cabot St, Beverly, MA. relative to the approval of appropriation orders for the attached 12 projects totaling $1,035,902.00
of CPA Funding.
Order read once and adopted 9 -0 Vote
#194
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Lodging House License — 68
Dane St. have considered said matter and beg leave to report as follows, to wit:
Recommend that the Council Deny the application.
Order read once and adopted 9 -0 Vote
#229
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of the appointment of Victoria Burke Caldwell
of 7 Bancroft Ave. as a ZBA Alternate 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
#233
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Proposed Ordinance re: Camping, Storage
and Open Fires on Public Property 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 fourteen
An ordinance entitled Camping, Storage, and Open Fires on Public Property
11/26/2014
Regular Meeting Page 8 of 10
Be it ordained by the City Council of the City of Beverly as follows:
By enacting Section 22.42 entitled Camping, Storage and Open Fires on Public Property in the revised Ordinances of the
City of Beverly by adding the following language:
Section 22.42 Camping, Storage, and Open Fires on Public Property
The following activities shall be prohibited on any public property without express written permission from the City of Beverly:
1) Camping, excepting in a campground duly licensed by the Board of Health and in conformity with the regulations of
such campground;
2) Campfires, bonfires, or other such open fires
It shall be unlawful for any person to store personal property, including camp facilities and camp paraphernalia, in the
following areas, except as otherwise provided by ordinance or by written permission of the City of Beverly
(a) Any park;
(b) Any street;
(c) Any public property, improved or unimproved.
For the purpose of this ordinance, "store" means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
Any person violating this ordinance may be arrested without a warrant by any officer authorized to serve criminal process and
may be punished by a fine not to exceed $50.00 for each offense.
Motion was made in Committee to amend the fine by reducing it to $50.00 from $100.00
A statement was read by Council President Guanci asking that the Council hold the ordinance for the November 3rd City Council Meeting
so that the Mayor could attend to answer questions.
Order read once and adopted 9 -0 Vote
#238
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 for a reception on Nov.6, 2014 6:00 — 8:30PM Carmela Martin — Artist Reception have considered said matter and beg
leave to report as follows, to wit:
Recommend that the Council approve the request
Order read once and adopted 9 -0 Vote
#240
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for 2 additional Livery Licenses
for Tristar Vehicle Leasing, Inc. —100 Cummings Ctr. #225G have considered said matter and beg leave to report as follows, to wit:
Recommend that the Council approve the Licenses
11/26/2014
Regular Meeting Page 9 of 10
Order read once and adopted 9 -0 Vote
#241
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for Zoning change from Cummings
Properties — to Change a section from IR to IR Overlay have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Order and recommend its adoption
Ordered that this communication be referred to City Council to set a joint Public Hearing with the Planning Board
Order read once and adopted 9 -0 Vote
#245
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order: Councilor Guanci: Amendment to
Article XXII Sec. 22.31 Dogs in Cemeteries have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption
Amendment — to add per dog after ($50.00)
First Reading: October 6, 2014
Second Reading: October 20, 2014
Advertise and hold for final passage: November 3, 2014
Order read once and adopted 9 -0 Vote
#246
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order: Councilor Latter: Amendment to
Article XXI sec. 21.1315 Minute Parking have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Ordinance and recommend its adoption
Motion was made by Councilor Latter to return to Committee on Legal Affairs
Order read once and adopted 9 -0 Vote
#231
The Committee on Public Service /Committee of the whole to whom was referred the matter of reappointment of Jessica Wistran to the
Beverly Council on Aging and waiver of residency requirement have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the re- appointment and waiver of residency requirement
Order read once and adopted 9 -0 Vote
#252
11/26/2014
Regular Meeting
Page 10 of 10
The Committee on Public Service / Committee of the whole to whom was referred the matter of Petition — National Grid /Verizon re: joint or
identical Pole locations at Melvin, Shortell and Winthrop Avenues and Upland Road have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: The City Council of the City of Beverly will hold a Public Hearing on Monday November 3, 2014 at 7:50 PM in City Council
Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA relative to a Petition from National Grid /Verizon for the installation of new
poles at the following locations (Melvin Ave. — Shortell Ave. — Winthrop Ave. — Upland Road
Order read once and adopted 9 -0 Vote
Unfinished Business:
Motions and Orders:
Meeting Adjourned: 7:42PM Attest: Kathleen P. Connolly, CMC
City Clerk
11/26/2014