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2013-11-18Regular Meeting Page 1 of 7 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Thursday, November 21, 2013 11 :27 AM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: Regular Meeting 11-18 - 13.doc Regular Meeting Beverly City Council 7:00 PM November 18, 2013 Roll Call: Councilors P. Guanci D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Brett Schetzsle, Jason Silva. Pledge of Allegiance to the Flag: Councilor Schetzsle Acceptance of Minutes: November4, 2013 Public Speakers: Joyce McMahon Update on Web -Site Improvements (Rescheduled for Dec. 2nd) Frank Kinzie re: Waterfront Presentations, Awards and Memorials: #191 Resolution: Council Vice President Slate -for Jerry J. Guilebbe, Veterans Agent #193 Resolution: Council President Guanci- for Beverly Little League Mayor Scanlon to speak Public Hearings: 7:15 PM #188 Fiscal Year 2014 Tax Levy Percentages — Continued to Dec.2, 2013 @7:15 PM 7:18 PM #192 Water Enterprise Fund /General Fund re Plumber's Salary — Continued to Dec. 2, 2013 @ 7:45 PM 7:20 PM #170 Zoning Ordinance Cha 38 -19 and 1 R Overlay Restricted Industrial Research & Office District — refer to Legal Affairs Communications from His Honor the Mayor: # 194 November 18, 2013 12/11/2013 Regular Meeting Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 7 As you know, the Main Beverly Public Library is in need of significant repair as described in the 2013 Capital Expenditure Plan. Recently bids were received for this project. Six closely bunched bids were received. As is often the case in repair projects, unforeseen hidden conditions are likely to be found as the work proceeds and walls and roof are opened up. I hereby request an appropriation of $2,600,000 which will cover the bid cost, ongoing inspection on the City's behalf as the job progresses and a contingency of $550,000. This contingency is large but the unforeseen hidden condition concern is significant. It is important that we begin this work shortly while the bid prices are valid. Finance Director John Dunn's language for the order is attached to this document. Please schedule a public hearing on this appropriation for December 2, 2013. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Proaerty # 196 November 18, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached is a letter from Finance Director John Dunn which calls for a series of transfers and budget adjustments in order to facilitate the 2014 Tax Recap documentation to the Department of Revenue. While his list is not yet complete, the good news is that the sources of funds for adjustments exceed the uses significantly. In addition, I am pleased to advise you that new growth for the current fiscal year exceeds the budgeted amount and that we are very close to certifying a significant amount of Free Cash. To allow the necessary transfers and adjustments to be made as outlined in Mr. Dunn's letter and attached schedule please schedule a public hearing for December 2, 2013. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Proaerty #197 November 18, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. William Squibb, 590 Cabot Street, Beverly, MA to serve as the Conservation Commission representative on the Open Space and Recreation Committee. 12/11/2013 Regular Meeting Page 3 of 7 His appointment to be effective until August 31, 2016. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #198 November 18, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation the following individuals to serve on the Airport Commission: Mr. Paul Barnico 11 Iverson Road Beverly Mr. August J. Faulstich 28 R Woodland Avenue Beverly Mr. William F. Mahoney 10 Beverly Hills Avenue Beverly Mr. Leo J. White 12 Stewart Lane Beverly Their terms to be effective from December 31, 2013 until December 31, 2016. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #199 November 18, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Tim Creamer, P.O. Box 158, Beverly, MA 01915 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Creamer's letter of request for reappointment, which has been approved by Police Chief Chris Negrotti. Mr. Creamer's term will be effective until November 30, 2016. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leaal Affairs Communications from other City Officers and Boards: Communications, Applications and Petitions: 12/11/2013 Regular Meeting # 200 Application Lodging House License, 68 Dane St. Owner Bernhardt Zeisig Refer to Legal Affairs #201 Application Pawnbrokers License Frank DelGaudio d /b /a Fred's Jewelry and Loan Refer to Legal Affairs Reports from Committees: # 194 Page 4 of 7 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Appropriation for Library 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 will hold a public hearing on Monday, December 2, 2013 at 7:20 PM in Council Chambers, Third Floor, 191 Cabot St., Beverly, MA relative to an appropriation. That $2,600,000 is appropriated for the making of extraordinary repairs to the Main Library, including the repair /replacement of exterior /interior walls, roofing systems and windows: that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance is authorized to borrow $2,600,000 under Chapter 44 of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes Order read once and adopted 9 -0 Vote # 196 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Budget adjustments relative to 2014 Tax Recap 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, December 2, 2013 at 7:25 PM in Council Chambers, Third Floor, 191 Cabot St., Beverly, MA relative to a series of transfers and budget adjustments relative to the 2014 Tax Recap Documentation. Order read once and adopted 9 -0 Vote #68 12/11/2013 Regular Meeting Page 5 of 7 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of incorporation of Shared lane Markings 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 #169 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request by CAS Foundation re Marijuana Dispensary 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 and that the City Council supply a letter of non - opposition to CAS Foundation for their application to pursue permitting for their RMD Wellness Center in Beverly's IR district. Order read once and adopted 9 -0 #169A The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Letter of Support CAS 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 #173 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Lease Waterfront, Inc. d /b /a Black Cow, 1 Water Street 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 enter into the enclosed Draft Lease with Beverly Waterfront, Inc. d /b /a Black Cow,1 Water Street Beverly, MA Order read once and adopted 6 -3 Vote Councilors: Martin, Schetzsle and Latter against #186 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for sign on Bridge St. (Go Slow Deaf Child) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That a sign be placed at 16 Bridge Street Go Slow Deaf Child Order read once and adopted 9 -0 Vote 12/11/2013 Regular Meeting #187 Page 6 of 7 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment as Police Chief, John G LeLacheur 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 #199 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Reappointment of Mr. Timothy Creamer, as a Constable in the City of Beverly for the express purpose of serving Civil Process 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 #187 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment as Police Chief, John G LeLacheur 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 #197 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointment of Mr. William Squibb, 590 Cabot St., to serve as the Conservation Commission representative on the Open Space & Recreation Committee 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 #198 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Reappointments of the following individuals to serve on the Airport Commission: Mr. Paul Barnico 11 Iverson Road Beverly Mr. August J. Faulstich 28 R Woodland Avenue Beverly Mr. William F. Mahoney 10 Beverly Hills Avenue Beverly Mr. Leo J. White 12 Stewart Lane Beverly Their terms to be effective from December 31, 2013 until December 31, 2016. have considered said matter and beg leave to report as follows, to wit: 12/11/2013 Regular Meeting Recommend the Council approve the Reappointments Order read once and adopted 9 -0 Vote Unfinished Business: Motions and Orders: #202 By Councilor Troubetaris Page 7 of 7 Ordered; That all the City of Beverly replace all the Veteran's street pole signs that honored deceased veterans who died in the war. These are the street pole signs that were taken down and not put back up years ago. Referred to 9 -0 Vote Meeting Adjourned 8:35PM Attest: Kathleen P. Connolly, CMC City Clerk 12/11/2013