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2012-03-05Special Meeting Page 1 of 8 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Sunday, March 18, 2012 5 :41 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; BETTERGOV1 @aol.com Subject: 2/21/2012City Council Meeting Regular Meeting Beverly City Council 7:00 PM MARCH 5, 2012 Roll Call: Councilors Present: D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason C. Silva, Paul M. Guanci, Donald Martin, Brett Schetzsle, Maureen Troubetaris Pledge Of Allegiance t0 the Flag Councilor Houseman Acceptance of Minutes from February 21, 2012 Public Speakers: 1. Richard Benevento Chair (Parking &Traffic) 2. Resolution —Eagle Scout (Karl Brandt) 3. Gin Wallace —Main Streets (Sculpture project) Public Hearing: 7:20 PM Order #49 Bond Counsel proposed Loan Order to authorize refunding existing debt # 52 - Resolution - Councilor Guanci Eagle Scout RESOLUTION KARL BRANDY WHEREAS: Karl Brandt is the son of David and Martha Brandt of Beverly, Massachusetts. WHEREAS: Karl Brandt achieved the rank of Eagle Scout on December 6, 2011. WHEREAS: Karl Brandt refurbished and painted the music room at the Beacon Christian Academy at the Second Congregational Church for his Eagle Scout project. WHEREAS: Karl Brandt has received numerous awards through church, school and the Boy Scouts including the God & Me and God & Family awards. He has also been given awards for Excellence in English, Excellence in Honors French II and Excellence in Honors Engineering. WHEREAS: Karl Brandt has volunteered his services at Second Congregational Church Bean Suppers and at a Service Dog Farm. He has also taken part in a Mission Trip to Colima, Mexico WHEREAS: Karl Brandt has also found time to work as an Usher at the North Shore Music Theater and as a Clerk at Beverly Optical. WHEREAS: Karl Brandt is an active member of the Beverly High School Class of 2012. He is currently Treasurer of the 3/19/2012 Special Meeting Page 2 of 8 Class, a member of the Beverly High School Band and is a member of both the Beverly High School Swim and Track Teams. THEREFORE BE IT RESOLVED: That the Mayor and the Beverly City Council of the City of Beverly, Massachusetts wish to express their sincere congratulations to Karl Brandt and that the City Clerk spread a copy of this Resolution upon the City Records. Paul M. Guanci Jason C. Silva D. Scott Dullea Maureen E. Troubetaris D. Wesley Slate, Jr. James F. Latter Scott D. Houseman Donald G. Martin Brett Schetzsle Communications from His Honor the Mayor: #53 March 5, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached communication from Kate Newhall, Associate Planner summarizes a grant application that will be submitted to the Massachusetts Historical Commission (MHC) Preservation Projects Fund to obtain $100,000 in grant funding for restoration work on windows at the Beverly Golf &Tennis Club. I hereby request the Honorable Council to provide me with the authorization to execute the contract for this application. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #54 March 5, 2012 3/19/2012 Special Meeting Page 3 of 8 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation the following citizens to serve as members of the Solid Waste Advisory Committee. Mr. James Carnazza 100 Corning Street Ms. Estelle Rand 14 Central Street, #2 Their terms to be effective from March 31, 2012 until March 31, 2015. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services #55 March 5, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Georgia Bills, 26 Lothrop Street to serve as a Trustee of the Public Library. Her term to be effective until January 31, 2015. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #56 March 5, 2012 3/19/2012 Special Meeting Page 4 of 8 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following citizens to serve as members of the Solid Waste Advisory Committee. Mr. Charles Perlo Ms. Maureen Cronan Ms. Sandy Burgess 34 Bisson Street 3A Folger Avenue 14 Walker Road Their terms to be effective from March 31, 2012 until March 31, 2015. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services Communications from other City Officers and Boards: Communications, Applications and Petitions: #57 - Communication from MA. Development re: preliminary approval to issue a revenue bond on behalf of North Shore Heritage Associates, Inc. relative to Regional comprehensive plan of planned project and issuance of bon pursuant to Chapter 23G and 40D of the General Laws. Received and placed on file #58 - Communication from the Town of Danvers re: waiver of Payment in Lieu -of- tax -fee (Beverly Airport) Receive and place on file #59 Petition — Nation Grid —Pole locations on (Mill and Ropes Streets) Refer to Public Services #60 Request for waiver ordinance regardin alcohol on Public Property —Scott Perry, Herman A. Spear Post #331 Refer to Legal Affairs 3/19/2012 Special Meeting Page 5 of 8 Reports from Committees: #36 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Special Permit Application #128 -11 Site Plan Review Application #103 —11/30 L. P. Henderson Road. /Cicoria Tree and Crane Service, Inc. — Request to declare property surplus 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 approve the request of the Mayor and the Beverly Airport Commission to declare as surplus to the Airport's needs a non - exclusive access /egress easement eight feet wide on either side and parallel to the easement previously surplused. The easement is shown on a plan entitled "Exhibit A showing `Plan of Land in Beverly, MA showing proposed site development parcel A — L.P. Henderson Road /Sam Fonzo Dr. "'dated February 21, 2012. Said plan is attached hereto and incorporated herein by reference at Exhibit A. Order read once and adopted 9 -0 Vote #38 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Trustees Certificate /Quit Claim Deed —Gift of property to City/ 85 Haskell St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its approval Motion was made to refer back to committee for further work (Councilor Martin) Order read once and adopted 9 -0 Vote #49 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Request for Public Hearing relative to - Bond Counsel proposed Loan Order authorizing refunding existing debt have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption That the City Council of the City of Beverly will hold a Public Hearing on Monday March 5, 2012 at 7:20 PM in City Council Chambers, third floor 3/19/2012 Special Meeting Page 6 of 8 191 Cabot St., Beverly, MA in order to reduce interest costs, the Treasurer, with the approval of the Mayor and the Director of Municipal Finance, is authorized to provide for the sale and issuance of refunding bonds under G.L. c.44, §21A to refund all or any portion of the remaining principal of and redemption premium and interest on bonds of the City originally issued on February 1, 2002 and November 1, 2003 that are outstanding as of the date of this vote. In addition, the Treasurer is authorized to file an application with the appropriate officials of the Commonwealth of Massachusetts (the "Commonwealth ") to qualify under Chapter 44A of the General Laws any and all bonds of the City authorized to be borrowed pursuant to this loan order and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith. First Reading: February 21, 2012 Public Hearing: March 5, 2012 Second Reading: March 5, 2012 Order read once and adopted 9 -0 Vote # 20 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order Councilor Slate re: Revisions to Rules & Orders regarding use of electronic devices during Council Meetings have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9 -0 Vote # 24 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order from Councilor Slate re: Time - restricted parking- adjacent McPherson Youth Center have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its Adoption Motion made by Councilor Slate to refer back to Committee for more information Order read once and adopted 9 -0 Vote # 39 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application — Taxi Cab /Limo Licenses (North Shore Taxi, John F. McKinnon, 27 Walnut St. #C, Peabody, MA. 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 # 40 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application — Taxi 3/19/2012 Special Meeting Page 7 of 8 Cab License (Beverly Taxi) Jean Joseph, 41 Elliott St., Beverly, MA. have considered said matter and beg leave to report as follows, to wit: Motion made by Councilor Slate to refer back to Committee for more information Order read once and adopted 9 -0 Vote #46 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Request for Authorization to execute Amendment to Master Subordination Agreement -North Shore Community Development Coalition, 325 Cabot St. 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 request to amend the Master Subordination Agreement currently in place for North Shore Community Development Coalition's affordable housing project at 325 Cabot St. Order read once and adopted 8 -0 Vote Councilor Silva recrusing himself #47 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Appointment to the Planning Board — John J. Mullady, 49 Corning St., Beverly, MA. 01915- his term to be effective until Dec. 31, 2014 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 #51 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Petition — National Grid for the installation of concrete encased conduits (Bow Street) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its Adoption That the City Council of the City of Beverly hold a Public Hearing on Monday, March 19, 2012 At 7:20PM in City Hall Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition from National Grid for the installation of concrete encased conduits Bow Street. First reading: February 21, 2012 Public Hearing: March 19, 2012 Second Reading: March 19, 2012 Order read once and adopted 9 -0 Vote 3/19/2012 Special Meeting MIN&II Page 8 of 8 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition — National Grid poll location on Mill and Ropes Streets have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying order and recommend its Adoption That the City Council of the City of Beverly hold a Public Hearing on Monday, March 19, 2012 At 7:30PM in City Hall Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition from National Grid for the installation of poles on Mill and Ropes Streets. First reading: March 5, 2012 Public Hearing: March 19, 2012 Second Reading: March 19, 2012 Order read once and adopted 9 -0 Vote Unfinished Business: Motions and Orders: Order: Councilor Houseman Ordered: That the City Council authorize and approve a Beverly Main Streets public sculpture project by permitting sculptural works of art to be placed on, near, or in the air space above city sidewalks, trees, and landscape areas along Cabot Street from (and including) Dane Street to Thorndike Street and along short lengths of city sidewalks that intersect the afore - described length of Cabot Street. This project will be limited in time from July 1St, 2012 to June 20, 2013 and up to 10 locations to be identified on an Exhibit A to be attached to this Order. Beverly Main Streets shall be solely responsible for the installation, maintenance, repair, and removal of all sculptural works of art and the conduct of participating artists as they engage in such activities. Meeting adjourned: 8:05PM Attest: Kathleen P. Connolly, CMC City Clerk 3/19/2012