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2011-12-19Special Meeting Page 1 of 15 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, January 02, 2012 3 :40 PM To: pguanci @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; Don Martin; minutes @beverlyma.gov; jsilva @beverlyma.gov; shouseman @beverlyma.gov; sdullea @beverlyma.gov; Brett Schetzsle Subject: 12/19/2011 Meeting Regular Meeting Beverly City Council 7:00 PM December 19, 2011 Rolf Call: Councilors Present: Judith A. Cronin, Kevin Hobin, James F. Latter, D. Wesley Slate, Jr., Michael P. Cahill, Paul M. Guanci, Donald Martin, Patricia Grimes, Maureen Troubetaris Pledge of Allegiance to the Flag: Councilor Grimes Public Speakers: Mayor to speak Public Hearings: Communications from His Honor the Mayor: #220 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: There has long been a desire to have a "point of sale" system in the cafeterias of our schools. Such a system would eliminate the stigma attached to students eligible for free or reduced cost lunches having to declare their status at the cash register. As the attached memo from Purchasing Agent David Gelineau explains, we are now able to complete this system at a reasonable price of $5,412.50 with annual support costs of $3,037 for years two through five. The hardware required to operate the system was previously purchased from the State Bid List. I request that your Honorable Council grant permission to enter into a five -year agreement as further outlined in the attached. Your favorable vote this evening will make possible the installation of the entire system over the holiday period in time for school reopening in January. 1/9/2012 Special Meeting Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #221 Page 2 of 15 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The City of Beverly desires to submit a non - binding Statement of Interest (SOI) to the Massachusetts School Building Authority in order to get the process of defining, designing, financing and constructing a new middle school started. Part of that process requires that the City Council grant permission to submit the SOI by majority vote of the Council. Attached is the form of the vote required. You will note that the School Committee unanimously voted by roll call to submit the SOI at its regular monthly meeting on December 14 th . I have worked on this subject extensively on behalf of the Superintendent of Schools and would gladly make every effort to answer any questions you may have. In order for the process to progress, it is important that you vote this evening. I suggest a roll call vote on this non - binding initiative. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance & Property #222 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation the following persons to serve as members of the Conservation Commission effective immediately. Anne K. Grant Robert N. Buchsbaum 868 Hale Street June 30, 2012 12 Bertram Street June 30, 2013 1/9/2012 Special Meeting Page 3 of 15 Ms. Grant will complete the term of Dr. Mayo Johnson who recently resigned and Mr. Buchsbaum will complete the term of Ms. Mary Reilly who recently stepped down. Ms. Grant's and Mr. Buchsbaum's terms will be as noted above. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #223 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation the following Ms. Karen Bebergal, 17 Friend Court, Wenham to serve as a member of the Design Review Board. Ms. Bebergal is a floral designer with Barter Brothers Flowers and Gifts. She will fill the currently vacant position for a downtown business owner on the Board and has extensive design experience. Because of Ms. Bebergal's long -term relationship with the downtown Beverly business community, I hereby request your Honorable Council to waive the residency requirement. Ms. Beberal's term to be effective until December 1, 2014. William F. Scanlon, Jr. Mayor Refer to Legal Affairs #224 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following persons to serve as 1/9/2012 Special Meeting members of the Beverly Harbor Management Authority. Rinus Oosthoek Paul Miedzionoski Sylvan Menezes 185 Hale Street 7 Beatrice Road 14 Princeton Avenue Their terms to be effective until the date as noted above. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Publi Services #225 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: December 31, 2012 December 31, 2013 December 31, 2014 Page 4 of 15 I hereby reappoint, subject to your review and recommendation the following persons to serve as Commissioner of Trust Funds:. Lawrence M. Smith Ellen Dunn William Howard 85 Grover Street 79 Baker Avenue 2 Sylvester Avenue December 31, 2012 December 31, 2013 December 31, 2014 Their terms to be effective until the date as noted above. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance & Property #213 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 1/9/2012 Special Meeting Dear Honorable Council: Page 5 of 15 I hereby reappoint, subject to your review and recommendation the following to serve as members of the Parks and Recreation Committee: Mark Casey 16 Chapman Street, Beverly Michael Ralbovsky 10 Eleanor Avenue, Beverly Their terms to be effective from December 31, 2011 until December 31, 2014. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services #214 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following to serve as members of the Planning Board: Ellen Flannery 30 Conant Street, Beverly Charles Harris 9 Ober Street, Beverly Their terms to be effective from December 31, 2011 until December 31, 2014. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #215 December 5, 2011 Honorable City Council City Hall Beverly, MA 01915 1/9/2012 Special Meeting Dear Honorable Council: Page 6 of 15 I present for your review and hopefully your approval of an easement obtained through the work of the Open Space and Recreation Committee. The matter is ably discussed in the attached letter from Amy Maxner our Environmental Planner. Your prompt consideration will be appreciated. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs Communications from other City Offices: #194 -A Communication from Parking &Traffic Commission re Order # 194 Stop Sign @Birch Woods /Spruce Run Refer to Legal Affairs #195 -A Communication from Parking &Traffic Commission re Order # 195 Stop Sign @Driscoll Ln. /Kennel Hill Dr. Refer to Legal Affairs #226 Communication from Salem /Beverly Water Supply Board re: Volume of water supplied to Salem & Beverly Receive and Place on File #227 Communication — Planning Director Tina Cassidy re: Mortgage Subordination request for property at 22 School St., John & Leeann Moody Refer to Legal Affairs 1/9/2012 Special Meeting Communications, Applications and Petitions: # 228 Communication -Town of Erving -FYI re: House Bill 00200 Receive and Place on File #229 Communication from PERAC re:(FY 2013 Appropriation - $8 Refer to Finance and Property #230 Application -Used Car MVDL License (Legendary Motors) Refer to Legal Affairs #231 Page 7 of 15 Communication relative to change of address for (Bruno 's Antiques &Jewelry) formally 202 Rantoul St.- relocating to 1 -3 Front St. Refer to Legal Affairs Reports from Committees: # 219 The Committee on Finance &Property /Committee of the Whole to whom was referred the matter of Powers & Sullivan Report on Examination of Basic Financial Statements (Management Letter) have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the report Order read once and adopted 9 -0 Vote 1/9/2012 Special Meeting # 221 Page 8 of 15 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Submission of non - binding Statement of Interest to the Massachusetts School Building Authority re: New Middle School have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its Adoption: Ordered: That having convened in an open meeting on December 19, 2011 the City Council of the City of Beverly, in accordance with its charter, by -laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated October 11, 2011 for the Briscoe Middle School located at 7 Sohier Rd. which describes and explains the following deficiencies and the priority category(s) for which Beverly may be invited to apply to the Massachusetts School Building Authority in the future - Priority (7) Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements." The obsolescence of the building is indicated, in part, by antiquated, unreliable and inefficient HVAC, electrical and plumbing systems and a lack of space preventing optimal educational programming; and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance of the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City to filing an application for funding with the Massachusetts School Building Authority ROLL CALL VOTE - All Councilors voting in the affirmative Order read once and adopted 9 -0 Vote # 225 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Reappointments — Commissioner of Trust Funds Lawrence M. Smith Ellen Dunn William Howard 85 Grover Street 79 Baker Avenue 2 Sylvester Avenue December 31, 2012 December 31, 2013 December 31, 2014 Have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments Order read once and adopted 9 -0 Vote # 129 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Slate — request for Parking & Traffic Commission analysis of parking & traffic requirements expected in area of 1/9/2012 Special Meeting Page 9 of 15 new MBTA Parking Garage on Rantoul Street 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 #194 The Committee on Legal Affairs to whom was referred the matter of Order: Councilor Guanci request for Stop Sign @Birch Woods/Spruce Run have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the order Order read once and adopted 9 -0 Vote #194 -A The Committee on Legal Affairs to whom was referred the matter of Recommendation from Parking &Traffic Commission re: Order #194 request for Stop Sign @ Birch Woods/Spruce Run 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 #195 The Committee on Legal Affairs to whom was referred the matter of Order: Councilor Guanci - request for Stop Sign @ Driscoll Ln. /Kennel Hill Dr. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the order Order read once and adopted 9 -0 Vote #195 -A The Committee on Legal Affairs to whom was referred the matter of Recommendation from Parking & Traffic 1/9/2012 Special Meeting Page 10 of 15 Commission re: Order #195 request for Stop Sign @ DriSC011 Ln. /Kennel Hill Dr 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 #207 The Committee on Legal Affairs to whom was referred the matter of Appointment of the Danvers Representative to the Airport Commission George "Joe" Dawe 10 Orrantia Circle, Danvers, 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 #209 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Reappointment of Constable - Alfred DiFronzo 1200 Salem St. #132 Lynnfield, 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 #210 The Committee on Legal Affairs to whom was referred the matter of Reappointments to the Beverly Airport Commission Paul Vitale 3 College Lane, Beverly Anthony S. Dettore 15 Stone Street, Unit L Ralph Forgione 30 Conant Street, #2B have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the reappointments Order read once and adopted 9 -0 Vote 1/9/2012 Special Meeting #214 Page 11 of 15 The Committee on Legal Affairs to whom was referred the matter of Reappointments to the Planning Board: Ellen Flannery 30 Conant Street, Beverly Charles Harris 9 Ober Street, Beverly have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the reappointments Order read once and adopted 9 -0 Vote have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the reappointments Order read once and adopted 9 -0 Vote #215 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Conservation Commission re: Donation of Easement off Tall Tree Drive 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 the Conservation Commission to accept the enclosed access easement for property off Tall Tree Drive: Donation made by the property owners Galen & Patricia Ho Order read once and adopted 9 -0 Vote #218 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from DEP — Chapt 91 Amendment to License #8526 Cummings Ctr. 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 1/9/2012 Special Meeting #220 Page 12 of 15 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request to enter into a five year contract (point of sale) System for use in Beverly School Cafeterias have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached Five year contract for (point of sale) System for use in the Beverly Schools. Order read once and adopted 9 -0 Vote #222 The Committee on Legal Affairs to whom was referred the matter of Appointments to the Conservation Commission: Anne K. Grant 868 Hale Street June 30, 2012 Robert N. Buchsbaum 12 Bertram Street June 30, 2013 have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointments Order read once and adopted 9 -0 Vote #222 The Committee on Legal Affairs to whom was referred the matter of Appointment and waiver of residency requirement to the Design Review Board: Ms. Karen Bebergal, 17 Friend Court, Wenham - have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Appointment Order read once and adopted 9 -0 Vote #227 The Committee on Legal Affairs to whom was referred the matter of request for Subordination of 1/9/2012 Special Meeting Page 13 of 15 Mortgage for John & Leann Moody of 22 School St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: Ordered: that his Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination Agreement for John & Leann Moody of 22 School St.as per attached communication from Tina Cassidy. Order read once and adopted 9 -0 Vote #230 The Committee on Legal Affairs to whom was referred the matter of Application for Class II Used Car MVDL License for Legendary Motors 443 Rantoul St. (Thomas C. Mannetta, Jr.) have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License Order read once and adopted 9 -0 Vote #231 The Committee on Legal Affairs to whom was referred the matter of request for change of address for Bruno's Antiques & Jewelry (formally of 202 Rantoul St.) relocating to 1 -3 Front Street have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License Order read once and adopted 9 -0 Vote • �i The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Commission on Disabilities Richard A. Silva, 245 Elliott St. 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 1/9/2012 Special Meeting �i Page 14 of 15 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment to the Beverly Harbor Management Authority - Donald Neuman, 26 Washington St. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment Order read once and adopted 9 -0 Vote #212 The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointment to the Board of Health - Frank S. Carbone, MD 550 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment Order read once and adopted 9 -0 Vote #213 The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointments to the Park & Recreation Committee Mark Casey 16 Chapman Street, Beverly Michael Ralbovsky 10 Eleanor Avenue, Beverly Their terms to be effective from December 31, 2011 until December 31, 2014. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments Order read once and adopted 9 -0 Vote #224 The Committee on Public Services / Committee of the Whole to whom was referred the matter of reappointments to the Beverly Harbor Management Authority Rinus Oosthoek 185 Hale Street December 31, 2012 Paul Miedzionoski 7 Beatrice Road December 31, 2013 Sylvan Menezes 14 Princeton Avenue December 31, 2014 have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments 1/9/2012 Special Meeting Order read once and adopted 9 -0 Vote Unfinished Business: Motions and Orders: Meeting adjourned: 8:40PM Attest: Kathleen P. Connolly, CMC City Clerk Page 15 of 15 1/9/2012