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2012-05-07Regular Meeting Page 1 of 9 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Friday, May 18, 2012 11 :48 AM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beveryma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov; BETTERGOV1 @aol.com Subject: 5- 7- 2012Regular Meeting.doc Regular Meeting Beverly City Council 7:00 PM May 7, 2012 Roll Call: Councilors Present: P. Guanci, D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason C. Silva, Donald Martin, Brett Schetzsle, Maureen Troubetaris, Pledge of Allegiance to the Flag: Councilor Dullea Acceptance of Minutesfrom April 17, 202 Public Hearings and Speakers: 1. Maureen Driscoll — NS Move to amend Priorty Campaign for 2012 2. Bob Broudo — Citizens Advisory update 3. Walt Kozmowski — Bev Cam 4. Myron Hood - Sewer & Trash Fee Resolution — Ray Novack Mayor Scanlon to speak Public Hearing 7:20 PM order # 90 (Interdepartmental transfers) PRESENTATIONS, AWARDS Firefighters — Paul Labelle, Brian Tamilio, Robert P. Josselin, Donald O'Connor, David Tamilio Communications from His Honor the Mayor: #s2 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Mr. Garrett Brown, 57 Butman Street, Apt. #2, Beverly to serve as members of the Cultural Council. His term to be effective until April 30, 2015. Very truly yours, 7/6/2012 Regular Meeting William F. Scanlon, Jr. Mayor Refer to Public Services #98 May 7, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 9 Attached for your review is a letter from Jean Sherburne, Director of Finance & Operations of Beverly Public Schools regarding a contract for the lease of a postage machine for the School Department. Because the lease /purchase plans exceed three (3) years, Council approval is needed to execute the contract. I respectfully ask that you consider this request and approve the terms of the contract. Sincerely, William F. Scanlon, Jr. Mayor Refer to Public Services ri I �11 I May 7, 2012 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Georgina Keefe - Feldman, 60 Rantoul Street, Apt. 711, Beverly, MA to serve on the Board of Registrars. Her term to be effective until March 31, 2015. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #100 Honorable City Council 191 Cabot Street 7/6/2012 Regular Meeting Beverly, MA 01915 Dear Honorable Council: Page 3 of 9 Attached is a request from City Planner Tina Cassidy to clarify the numbering of certain zoning ordinances in a manner suggested by Assistant City Solicitor Bob Munroe. Please give this request your full consideration and appropriate action. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #101 May 2, 2012 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: PROPOSED AMENDMENT TO CITY ORDINANCES Dear Honorable Council: I respectfully request your consideration of the attached proposed amendment to the City Ordinances. The attached proposal was prepared by Assistant City Solicitor Bob Munroe, in response to recent inquiries regarding public meetings held by multiple member bodies. Very Truly Yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #102 May 1, 2012 The Honorable City Council Beverly City Hall, 191 Cabot Street Beverly, MA 01915 RE: ZONING AMENDMENTS RELATIVE TO FLOODPLAIN OVERLAY DISTRICT Dear Honorable Council: 7/6/2012 Regular Meeting Page 4 of 9 I respectfully submit the attached communication from City Planner Tina Cassidy for your consideration. It proposes amendments to the City's floodplain overlay district (Section 29- 31.A.). The amendments are being proposed in order that the City and its residents will remain eligible for participation in the Federal Emergency Management Agency's National Flood Insurance Program (NFIP). Updated floodplain management regulations meeting the standards of the NFIP program are required by July 3, 2012 and adoption of the attached amendments would ensure the City's continued eligibility. Thank you in advance for your consideration of this request, and please feel free to contact either Ms. Cassidy (x 2341) or Mr. Roland Adams (x2354) if you have any questions about this matter. Very Truly Yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #103 May 7, 2012 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I respectfully request that the parcel of land commonly known as 25 Trask Street, which parcel is more particularly described on Assessor's Map as Parcel 12, Map 78, and further which is more particularly described in a deed recorded at the Essex (South District) Registry of Deeds Book 6389, Page 64 be declared surplus. A tax taking of this property was recorded on June 2, 1994. On October 4, 2011 the Land Court by its Judgment foreclosed any right of redemption from such taking and the property at this time belongs to the City. The lot of 31,000± square feet is within an R -45 zone and thereon is a single family residence in a state of disrepair. The property abuts no city parcel of land. It is my present intent that should this parcel be declared surplus and then be sold through the RFP process thus generating one time revenue and future taxes to the City. Respectfully, William F. Scanlon, Jr. Mayor Refer to Finance & Property Communications from other City Officers and Boards: 7/6/2012 Regular Meeting Page 5 of 9 Communications, Applications and Petitions: #104 Communication from Estelle Rand re: request for permission to use City Property for the annual Farmers Market @ Railroad Ave. and Odell Park Refer to Finance & Property #105 Application for renewal of Fortunetellers License (Sophia Andrianouplos) Sunset Road Beverly, MA. Refer to Finance and Property #106 Invitation from the Michael J. Cadigan Post to City Council to participate in the Memorial Day Parade on May 27, 2012 Receive and place on file #107 Application (Hawkers & Peddlers License) Donna Landry - -- Danvers, MA. (Ice Cream Truck) Refer to Legal Affairs #108 Petition — National Grid — installation of underground conduit (Thissle St.) Refer to Public Services #109 Communication from TEC Associates — Mass Bay Commuter Rail 2012 Vegitation Control Program Receive and place on File Reports from Committees: # 89 The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of Appointment of Maureen Trefry of 43 Glidden St. as a Commissioner of Trust Funds - have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment — term effective until Dec. 31, 2014 7/6/2012 Regular Meeting Order read once and adopted 9 -0 Vote # 90 Page 6 of 9 The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of FY 2012 Interdepartmental Transfers - 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 approves the request of Finance Dir. John Dunn regarding the attached interdepartmental budget transfers needed to cover realized or anticipated negative operating variances in the current fiscal year. CITY OF BEVERLY FISCAL 2012 INTERDEPARTMENTAL BUDGET TRANSFERS ACCOUNT DESCRIPTION AMOUNT 11212 53094 Main Streets 10 11387 58757 IT - Purchase of Equipment 70 11354 57400 Accounting - Insurance 17, 000.00 11512 53026 Solicitor - Outside Counsel 90 11621 51XXX City Clerk - Elections 13 12452 52101 Electric 70 12101 51XXX Police Overtime Lines 165 12201 51511 Fire - Buyback Sick Time 66 15434 57700 Veterans- Benefits 34 19121 5XXXX Workers' Compensation 62 11324 57820 Reserve for Unforeseen (71, 000.00) 13154 53086 NS Regional Voke (55,800.00) 1423X 5XXXX Snow and Ice (307,000.00) 14191 5XXXX Health Insurance (164,000.00) Free Cash Appropriation - TOTAL - First Reading: April 17, 2012 Public Hearing: May 7, 2012 Second Reading: May 7, 2012 Order read once and adopted 9 -0 Vote 7/6/2012 Regular Meeting # 103 Page 7 of 9 The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of request from Mayor Scanlon that the parcel of land commonly known as 25 Trask Street, which parcel is more particularly described on Assessor's Map as Parcel 12, Map 78, and further which is more particularly described in a deed recorded at the Essex (South District) Registry of Deeds Book 6389, Page 64 be declared 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 approve the request from Mayor Scanlon to declare the property at 25 Trask St. as surplus Order read once and adopted 9 -0 Vote # 86 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for change of address for Tri City Services Inc. and City Taxi from 100 Cummings Ctr.# 323D, Beverly, MA. to 55R walnut St. #4b Peabody, MA. 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 #87 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 (Beverly Public Library) Kevin Carey, 605 Cabot St. Beverly, MA. 01915 for a May 10 2012 event -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 ri H6 11 6 11 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Second Hand Junk Dealers License (Funky Junk, Inc. —135 Cabot St. (Ana Romano, 278 Newbury St.,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 #98 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of request from Dir. of Finance & Operations of Beverly School Dept. for Council approval to execute a contract for a five year lease with Pitney Bowes for a postage meter for the School Dept. - have considered said matter and beg leave to report as follows, to wit: 7/6/2012 Regular Meeting Page 8 of 9 Recommend that the Council approve the request Order read once and adopted 9 -0 Vote #107 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for a renewal of a Hawkers & Peddlers License — Donna Landry —12 Appleton St. Danvers, MA. - have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the renewal of the License Order read once and adopted 9 -0 Vote #83 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointments of Stacy Thomas- Vickory, Gina Chase and Gail Eaton to the Cultural Council. - 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 #108 The Committee on Public Services /Committee of the Whole to whom was referred the matter of Petition — National Grid conduit on Thissell 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 City Council of the City of Beverly will hold a Public Hearing on Monday May 21, 2012 at 7:20 PM in City Council Chambers, third floor 191 Cabot Street, Beverly, MA relative to a Petition from National Grid for the installation of approximately 8' of 1- 3 "PVC conduit on Thissell St. in a northerly direction from P5470 (approx 535' in from Hale St.) to the back of the street layout/private property line. Order read once and adopted 9 -0 Unfinished Business: 3 1 F 6 11 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Order: Councilor Slate relative to amendment of Ordinance Stopping, Standing & Parking Sec. 21.13 Off Street Parking Generally 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 and twelve 7/6/2012 Regular Meeting Page 9 of 9 An Ordinance Amending an Ordinance Section 21.13 Stopping, Standing and Parking Off — Street Parking Generally ADD (vi) In the parking area at 4 McPherson Drive, there shall be 3 Handicap spaces and the remainder of the lot shall be marked "Parking for Youth Center & Public Park Only/ All others Will Be Towed At Owner's Expense ". AND (v) Towing of vehicles parked in special areas. ADD (i) 4 McPherson Drive, vehicles not identified as Youth Center /Public Park patrons. First Reading: March 19, 2012 Second Reading: April 2, 2012 Final Passage: May 7, 2012 Ordinance read once and held for advertising and final passage as per charter provisions 9 -0 Motions and Orders: Meeting adjourned: 8:40PM Attest: Kathleen P. Connolly, CIVIC City Clerk 7/6/2012