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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. 364 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 365 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 366 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 -0 367 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 370 370