Minutes - Monday 20 November 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 20 November 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:05 PM
Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang,
James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St. Hilaire, Jason C.
Silva, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Lang
Moment of Silence: None
Presentations, Awards and Memorials: None
Comments by Citizens (subject to the conditions contained in Appendix
A to the "Rules and Orders "): Anyone who would like to speak at the
Meeting has until 9:30AM on the day of the Meeting to register with the
City Clerk. (Limit of 3 @ 5 minutes each). None
Resolutions: None
Acceptance of Minutes of Previous Meetings:
1. Monday, 6 November 2017 - Regular Meeting
Vote to Approve: 9 -0
Communications from His Honor the Mayor:
Council President entertained a Motion to accept two Late Files from
His Honor the Mayor — Approved — Vote: 9 -0
LATE FILE - #539
November 20, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
As of today, the Department of Revenue has certified the City's free cash and enterprise retained
earnings for fiscal year ending June 30, 2017. This action by the department allows the city to
appropriate from those balances from now until the end of the current fiscal year.
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The Beverly Golf and Tennis Commission has been anxiously awaiting this certification so that I
could recommend an appropriation from the Folg and Tennis Enterprise Fund for the repairs to
the golf course pump house. Irrigation is a very important part of course maintenance and the
golf course relies on pumping its irrigation water from the Shoe Pond to serve this need. The
pump station which can be seen from McKay Street when driving by has been failing and will
require a significant rebuild in the off season to meet the early spring irrigation needs of the
course. We have bid the work, received quotes and are prepared to sign the contract to begin
work upon your approval of this appropriation request. I am requesting the City Council approve
an appropriation of $150,000 from the Golf and Tennis retained earnings to facilitate this work.
Please initiate action on this matter at your City Council meeting on November 20, 2017. This
order will require a public hearing be set prior to a Council vote. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
LATE FILE - #540
November 20, 2017
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I request your approval to raise and appropriate $945,000 to be placed into the FY2018
operating budget. The city's ability to appropriate an additional $945,000 is due to the level of
new growth that the city has certified over the past year. The FYI budget that was approved
this past June called on $925,000 in new tax growth to balance. I am pleased to inform you that
this year the City has realized a level of new tax growth in excess of $2M. This favorable level
of new tax revenue will serve two purposes. First, because this revenue will be realized in FYI
and will be available in each fiscal year moving forward it will help to alleviate the budgetary
pressure we have been planning on for FY19 through FY21. We will not need to rely as heavily
on reserves for our planned debt service related to the Middle School project as previously
expected. Second, because these revenues are recurring it may afford us the ability to judiciously
address additional budget priorities that carry recurring costs.
We will work with School Committee and City Council colleagues over the next two
weeks to refine the priorities to be included in this request for appropriation. These may include
both new recurring and /or one -time costs in both the city and the school budgets.
My administration has spent considerable time reviewing these available resources as
well as the city's available free cash. I look forward of sharing our comprehensive plan for these
combined resources at an upcoming public hearing. Please initiate action on this appropriation
request this evening by scheduling a public hearing for your next City Council meeting.
Sincerely,
Michael P. Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
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Public Hearings:
1. 7:10 PM - #534 —Allocation of FY2018 Tax Levy Percentages
Public Hearing recessed to Monday, 4 December 2017 @ 7:25 PM
Approved —Vote: 9 -0
Communications from other City Officers & Boards:
#536
Finance Director — Beverly Hospital Grant — COA - $4,370
Referred to Finance & Property
#507A
Planning Director — Updated Materials for Proposed Amendment
Referred to Leaal Affairs
Council President entertained a Motion to accept two Late Files from
the City Clerk — Approved — Vote: 9 -0
LATE FILE - #541
City Clerk — 2018 Amusement Licenses
Referred to Legal Affairs
LATE FILE - #542
City Clerk — 2018 Taxi / Livery Licenses
Referred to Legal Affairs
Communications, Applications & Petitions:
#537
PERAC — Required FY2019 Appropriation
Received and Placed on File — Vote: 9 -0
#538
Alexander & Femino — Open Space Conveyance — Greening Way
Referred to Legal Affairs
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Council President entertained a Motion to accept a Late File from
Alexander Simon —Approved — Vote: 9 -0
LATE FILE - #543
Alexander Simon, Tartine, LLC, 192 Cabot ST — Permission to sell food outside during
the Annual Holiday Parade — Sunday, 27 November 2017, Noon — 3 PM
Referred to Legal Affairs
Unfinished Business (Final Passage):
#519
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /Safety
Sergeant — Handicapped Parking spot @ 2 Chase Street, have considered said matter and beg leave to
report as follows, to wit.
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and seventeen,
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
ADD: Chase Street At approximately 2 Chase Street
Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public
review.
First Reading: Monday, 16 October 2017
Second Reading: Monday, 6 November 2017
Legal Ad Published in the Salem News on Friday, 20 October 2017
Final Passage: Monday, 20 November 2017
Order read once and adopted — Vote: 9 -0
#520
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /Safety
Sergeant — Handicapped Parking spot @ 46 Pleasant Street, have considered said matter and beg leave to
report as follows, to wit.
Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final
Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and seventeen,
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
ADD: Pleasant Street At approximately 46 Pleasant Street
Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public
review.
First Reading: Monday, 16 October 2017
Second Reading: Monday, 6 November 2017
Legal Ad Published in the Salem News on Friday, 20 October 2017
Final Passage: Monday, 20 November 2017
Order read once and adopted — Vote: 9 -0
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Public Hearings (continued):
2. 7:15 PM - #533 — CPC Proposed FY2018 Budget
Public Hearing held & closed, referred back to Finance & Property
3. 7:30 PM - #507 — Joint Public Hearing with the Planning Board — Zoning
Amendment — 40R Smart Growth Overlay
Joint Public Hearing held & closed, referred back to Legal Affairs
4. 8:00 PM - #508 — Joint Public Hearing with the Planning Board — Zoning
Amendment — Solar Energy Systems
Joint Public Hearing held & closed, referred back to Legal Affairs
Reports of Committees:
#533
The Committee on Finance & Property, to whom was
Preservation Committee — Proposed FY2018 Budget,
as follows, to wit:
referred the matter of Communication — Community
have considered said matter and beg leave to report
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0
#536
The Committee on Finance & Property, to whom was referred the matter of Communication — Finance
Director — Beverly Hospital Gift - $4,370 for COA Aging Master Program, have considered said matter and
beg leave to report as follows, to wit:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0
#539
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Golf &
Tennis Club Pump House Repairs, 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 hold a Public Hearing on Monday, 4 December 2017
@ 7:45 PM at City Hall, 191 Cabot Street, 3r Floor, Council Chamber, Beverly, MA relative to the Repairs to
the Pump House at the Beverly Golf & Tennis Club.
Order read once and adopted — Vote: 9 -0
#540
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Raise
& Appropriate — FY2018 Budget, 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 hold a Public Hearing on Monday, 4 December 2017
@ 7:50 PM at City Hall, 191 Cabot Street, 3r Floor, Council Chamber, Beverly, MA relative to the request by
the Mayor to Raise &Appropriate — FY2018 Budget.
Order read once and adopted — Vote: 9 -0
#348
The Committee on Legal Affairs, to whom was referred the matter of Communication - Handly & Cox, P.C. -
28R Putnam Street & Zoning Regulations - Solar Installations have considered said matter and beg leave to
report as follows, to wit.
Receive and Place on File — Vote: 9 -0
#524
The Committee on Legal Affairs, to whom was referred the matter of Communication - Mayor - Amendment
to Ch. 270 - Vehicles and Traffic, 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 hold a Public Hearing on Monday, 4 December 2017
@ 7:30 PM at City Hall, 191 Cabot Street, 3r Floor, Council Chamber, Beverly, MA relative to Amendments to
the Code of Ordinances, Chapter 270 - "Vehicles & Traffic" and the way the parking system is structured
downtown.
Order read once and adopted — Vote: 9 -0
#526
The Committee on Legal Affairs, to whom was referred the matter of Communication - Mayor - Hale House
Preservation Restriction to be held by the City of Beverly, have considered said matter and beg leave to
report as follows, to wit:
Recommend the Council Approve the Request
Receive and Place on File — Vote: 9 -0
#541
The Committee on Legal Affairs, to whom was referred the matter of Communication - City Clerk - 2018
Amusement Licenses, have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be granted, pending successful BPD Inspections
Receive and Place on File — Vote: 9 -0
#542
The Committee on Legal Affairs, to whom was referred the matter of Communication - City Clerk - 2018
Taxi / Livery Licenses, have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be granted, pending successful BPD Inspections
Receive and Place on File — Vote: 9 -0
#543
The Committee on Legal Affairs, to whom was referred the matter of Communication - Alexander Simon,
Tartine, LLC, 192 Cabot Street - Permission to sell food outside during the Annual Holiday Parade, Sunday,
27 November 2017 from Noon to 3:00 PM, have considered said matter and beg leave to report as follows, to
wit:
Recommend the Council Approve the Request
Receive and Place on File — Vote: 9 -0
#525
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Appointment — Harbor Management Authority — Lawrence Herman, 36 Hull Street, have considered said
matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 9 -0
#527
The Committee on Public Services, to whom was referred the matter of Appointment — Airport Commission —
Scott Dullea, 36 Hale Street, have considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Appointment
Order read once and adopted — Vote: 9 -0
#528
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointments — Design Review Board — Rachel Matthews & Ellen Flannery (Planning Board
Representative), have considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Reappointments
Receive and Place on File — Vote: 9 -0
Motions and Orders: None
Meeting Adjourned: 10:37 PM Attest: D. Wesley Slate, Jr.
City Clerk
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