2014-04-07Regular Meeting
Beverly Meeting Minutes
Page 1 of 13
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Wednesday, April 09, 2014 3:36 PM
To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com
Subject: 14. mar17.doc
Regular Meeting
Beverly City Council 7:00 PM April 7, 2014
Roll Call: Councilors: John P. Frates Jr. Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M.
Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci
Pledge of Allegiance to the Flag: Councilor St.Hilaire
Presentations, Awards and Memorials:
Aso
Resolution Beverly High School Hockey Team
Acceptance of Minutes: Minutes for meeting of March 17, 2014
Public Speakers and Hearings:
John Augeri Beverly Farmers Market
Rosemary Maglio
7:20 PM Public Hearing re Transfer from Free cash to pay FY 2014 Budget Shortfalls ($852,757)
Refer to Finance and Property
7:30 PM Public Hearing re Transfer from Free Cash to City's Stabilization Fund ($570,928)
Refer to Finance and Property
Communications from His Honor the Mayor:
#91
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
5/8/2014
Regular Meeting
Dear Honorable Council:
Page 2 of 13
I respectfully request that you appropriate $500,000 to provide for the City's contribution to the new MBTA Garage Project being
undertaken at the Beverly Depot, and that to meet this appropriation, $250,000 is transferred from Free Cash; $225,000 is transferred from
the Parking Meter Receipts Fund; and $25,000 is transferred from the Parking Violation Fund. In addition, I request that Order No. 70 of
this Council approved by the Mayor on June 17, 2009, which had authorized a borrowing for this purpose, be hereby rescinded and of no
further force or effect. Please see the attached memo from the City's finance director outlining the matter in some detail. These funds are
available and this purpose is an appropriate use of said funds.
Please initiate action on this matter at your next City Council meeting, April 7th, 2014. This transfer request will require a public hearing be
set prior to a Council vote. Thank you.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Finance and Proaerty
#9z
April 7, 2014
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request authorization from the Honorable Council to sign the attached subordination agreement for property owned by Vivien M.
Mattei at 85 Bisson Street.
Attached is communication from Aaron Clausen, Director of Planning and Development concerning this request.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#93
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. John L. Massa, 96 Woodland South, Lynn to serve as Constable in
the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Massa's application, which has been approved by Police Chief John LeLacheur.
Mr. Massa's term will be effective until March 31, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
5/8/2014
Regular Meeting
#94
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 3 of 13
I hereby appoint, subject to your review and recommendation, Mr. Jay Martel, 380 Maple Street, Danvers MA to serve as Constable in the
City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Martel's application, which has been approved by Police Chief John LeLacheur.
Mr. Martels's term will be effective from until March 31, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#95
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. James F. McInnis, P.O. Box 671, Beverly, MA to serve as Constable
in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. McInnis's application, which has been approved by Police Chief John LeLacheur.
Mr. McInnis's term will be effective from March 31, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#96
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached for your review and consideration is a letter of recommendation and attachments from Purchasing Agent David Gelineau
concerning the Request for Proposals to operate a concession stand at the Harry Ball Field.
I hereby request that you review the accepted proposal and grant approval to execute the lease agreement.
5/8/2014
Regular Meeting
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#97
April 3, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 4 of 13
I respectfully request that you approve a budgetary appropriation of $1,145,000 to the Airport budget to further support the design and
reconstruction of the West Ramp. This increase in expenditure authorization will be reimbursed entirely through grants and tenant
reimbursement and will set an expected total project cost of $2,645,000. A corresponding increase in the budgeted revenue will offset
these expenses per revised agreements from the FAA and MASSDOT. This increase of $1,145,000 in authorized expenditures and
corresponding revenue will have a net $0 impact on the enterprise fund balance. I have attached correspondence from the City's Finance
Director as well as the Airport Manager for your reference.
Please initiate action on this matter at your next City Council meeting, April 7th, 2014. This appropriation request will require a public
hearing be set prior to a Council vote. Thank you.
Very truly yours,
Michael P Cahill, Mayor
Refer to Finance and Property
#98
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. David Long, 17 Pine Road, Beverly to serve as a Community -At -Large
member on the Open Space and Recreation Commission.
Mr. Long will complete the term of Nancy Coffey who recently resigned. His term is to be effective until August 31, 2014.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Public Services
#99
5/8/2014
Regular Meeting
April 7, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 5 of 13
I hereby appoint subject to your review and recommendation Ms. Debra Margolis, 1 Worthington Green, Beverly to serve as on the
Commission on Disabilities.
Her term is to be effective until November 1, 2016.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Public Services
Communications from other City Officers and Boards:
#100
Communication from Board of Assessors re Local Tax Relief Option for Veterans
Refer to Finance and Property
#101
Communication from Planning re Open Space Residential Design Site Plan Application #4 -14 and request Waivers from Planning Board's
Subdivision Rules and Regulation as they relate to OSRD Yield Plan — 232 Essex St — DiBiase Corp. and Walker Realty, LLC
Refer to Legal Affairs
#102
Communication from Planning Board re proposed zoning amendment Restaurant selling of food
Refer to Legal Affairs
#103
Communication from Beverly contributory Retirement Board relative to Cost of Living Adjustment and Public Employee Retirement
Administration Commission (PERAC)
Refer to Finance and Property
#104
Comm. from Planning re Zoning Amendment Flood Plain Overlay District
Refer to Legal Affairs
5/8/2014
Regular Meeting
Communications, Applications and Petitions:
#105
Request permission to use City Streets for Neurofibromatosis Northeast Ride September 6, 2014
Receive and Place on File
#106
Application for License to Peddle Kyle Basiliere Hot Dogs and Sausages
Refer To Legal Affairs
#107
Application for Peddlers License John M. Phelps Hot Dogs and Novelties
Refer to Legal Affairs
#108
Application for Livery License Bass River day Activity Program, Inc.437 Essex St.
Refer to Legal Affairs
#109
Request from The Food Project to assume stewardship of the Cole Street Community Gardens from Beverly Bootstraps
Refer to Finance and Property
#110
Page 6 of 13
Request of NorthShore TMA for use of 3 parking spaces in front of Casa De Moda to sponsor Beverly Parklet Day during Bike week 2014
(May 15)
Refer to Finance and Property
#111
Communication relative to use City Park for 2014 Farmers Market
Refer to Finance and Property
5/8/2014
Regular Meeting Page 7 of 13
Reports from Committees:
#58
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request to name the Turf Field at
Beverly High School f have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That at the request of the Beverly High School Boosters Club the Turf Field at Beverly High School be named after Mr. Frank
Forti
Order read once and adopted 9 -0 Vote
#74
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer to Police Dept. 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 transfer of $852,757.00 from reserve for free cash to support a number
of potential FY2014 budget shortfalls
Order read once and adopted 9 -0 Vote
#75
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer from account11382 -5325
to create a separate appropriation within IT Budget for one past due payment in FY 2012 budget
Submit the accompanying order and recommend its adoption
Ordered: That the City Council approve a transfer of $2482.34 from account 11382 -5325 for a separate appropriation within Information
Technology budget for one past due balance from the FY2012 Budget.
Order read once and adopted 9 -0 Vote
#76
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer re shortfall in city's
5/8/2014
Regular Meeting Page 8 of 13
stabilization fund have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That Council approve a transfer of $570,928.00 from reserve for free cash to support foreseeable budget demands and
conservative revenue estimates.
Order read once and adopted 9 -0 Vote
#87
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request for extension of Outdoor dining pilot
program 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
#91
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for appropriation
$500,000 to provide funding for MBTA Garage Project 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 Tuesday, April 22, 2014 at 7:20 PM in City Hall Council
Chambers, third floor, 191 Cabot St., Beverly, MA relative to the approval of an appropriation of $500,000 to provide for the City's
contribution to the new MBTA Garage Project.
Order read once and adopted 9 -0 Vote
#97
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for appropriation of
#1,145,000 to the Airport Budget to further support the design and reconstruction of the west ramp 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 Tuesday, April 22, 2014 at 7;30 PM in City Hall Council
Chambers, third floor, 191 Cabot St., Beverly, MA relative to the approval of an appropriation of $1,145,000 to the airport budget to further
support the design and reconstruction of the West Ramp
Order read once and adopted 9 -0 Vote
#47
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application Taxi, Inc for 14 Taxi Licenses
Americab have considered said matter and beg leave to report as follows, to wit:
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Receive and Place on File
Order read once and adopted 9 -0 Vote
#78
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment to Board of Appeals of David
Batistelli and Pamela Gougian and appointment of Day Ann Kelly to serve as an alternate as per her request have considered said matter
and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
Order read once and adopted 9 -0 Vote
#80
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Reappointment of John J. Ruehrwein as
constable 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
#82
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Peddlers License James
Dooley 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
#83
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Peddlers License Daniel
Grant 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
#84
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for a livery License Rodgy
Gaston 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
#85
5/8/2014
Regular Meeting
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The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of renewal Application for Sandwich Board
sign Radio station WBOQ, 8 Enon 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
#88
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for waiver of Ordinance Alcohol on
Public Property 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 Beverly Main Streets for a waiver of Ordinance Alcohol on Public Property for three
events, Saturday, July 12, August 2, and October 4, 2014 as per their request
Order read once and adopted 9 -0 Vote
#89
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance re Director of Parks and
Recreation and community Services be combined have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and fourteen
An ordinance amending an ordinance entitled Community Services Director, an ordinance entitled Recreation Director, an ordinance
entitled Rules of Construction and Definitions, and an ordinance entitled Community Services Department.
Be it ordained by the City Council of the City of Beverly as follows:
By deleting Section 8.16 Community Services Director of the revised Ordinances of the City of Beverly, and by deleting Section 8.43
Recreation Director of the revised Ordinances of the City of Beverly and by substituting therefore the following new Section 8.16
Director of Parks, Recreation, and Community Services.
By deleting the words, "Director of Community Services, subject to the approval of the" from Section 6.06.
Further, anywhere the words "Community Service Director" or "Recreation Director" are found in the ordinances, they shall be replaced by
the words "Director of Parks, Recreation, and Community Services" (including Section 1.02, and any other places such words are found in
the ordinances.)
Section 8.16. The Director of Parks, Recreation, and Community Services
Appointment, Term of Office - There shall be a Director of Parks, Recreation, and Community Services, who shall be the head of the
Department of Community Services and the head of the Department of Parks and Recreation. The Director of Parks, Recreation, and
Community Services shall be appointed by the Mayor subject to the review of the Council as provided in Section 2 -10 of the Charter, to
serve for a term not to exceed three years.
Qualifications: At the time of appointment the Director of Parks, Recreation, and Community Services shall hold at least a bachelor's
degree in a field appropriately related to business administration or public administration and shall have had at least five years of
progressively responsible experience in public or governmental administration.
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Powers and Duties - The Director of Parks, Recreation, and Community Services shall be responsible to the Mayor for the effective
operations of the Department of Community Services and all of the community services activities of the department. The Director of Parks,
Recreation, and Community Services shall also be responsible for the effective operations of the Parks and Recreation Department. The
Director of Parks, Recreation, and Community Services shall supervise all activities of the Department of Community Services and the
Parks and Recreation Office, and shall direct and assign all personnel serving in the said departments and shall direct and assign other
municipal personnel in the performance of community services related services or functions. The duties of the Director of Parks,
Recreation, and Community Services shall include, but not be limited to:
Provide coordination and direction to the agencies within the department to insure consistent administration and the efficient delivery of
services to citizens and taxpayers.
Meet regularly with the Mayor to develop goals and objectives for each of the agencies within the department and to measure and evaluate
the performance of functions by the agencies.
Meet with all City Agencies to explain the goals and objectives set by the Mayor for each such agency.
Examine the level of services provided in other communities to ensure the City of Beverly provides nothing less than an equivalent service
for its citizens.
Assist all City Agencies in the development of annual operating budgets and capital outlay requests.
Provide assistance to all City Agencies in personnel - related matters including appointment, discharge, evaluation and supervision.
Serve as liaison among all City Agencies, the City Council and the Mayor.
Be responsible for the coordination and supervision of the data processing and management information systems for the city and any of its
governmental offices and agencies.
(ix) Provide, conduct and supervise activities at public playgrounds, playfields, indoor recreation centers and recreation areas
and facilities excepting Hurd Stadium, and such other places as may from time to time be available to the city for the conduct
of such programs. The Director of Parks, Recreation, and Community Services, subject to policies adopted by the Parks and
Recreation Commission, may conduct such activities on property under the control of the Parks and Recreation Commission,
on other public properties with the consent of the agency having authority over such property, and on private properties with
the consent of the owners. The Director of Parks, Recreation, and Community Services shall have the power to conduct any
form of recreation or cultural activity that will employ the leisure time of the people in a constructive and wholesome manner.
Section 1.02 Rules of Construction and Definitions.
City Officer. The words "City officer" when used without further qualification or description, shall mean a person having charge of an office
or department of the City who in the exercise of the powers or duties of such position exercises some portion of the sovereign power of the
City. The term shall include the Director of Municipal Inspections, the city accountant, the city assessor, the city clerk, the city collector, the
city electrician, the city solicitor, the city treasurer, the director of civil defense (or director of emergency management) the director of
engineering, the director of public health, the director of municipal finance, the director of municipal inspections, the director of human
resources, the director of purchasing, the director of public services, the fire chief, the police chief, and the Director of Parks, Recreation,
and Community Services.
Section 6.06 Community Services Department
Establishment - There shall be a Department of Community Services, which shall be responsible for the coordination of all the community -
service- related activities of the City including, but not limited to programs or services provided to specific groups including senior citizens,
youths, veterans, and others, services provided to the public generally including parks and recreation activities, health services, cultural
activities and the operation of the public library.
(a) Scope of Department Activities - The Department of Community Services shall be responsible for the coordination of all
community- service — related- activities of the City government, and shall include the following functions:
(i) Veterans Services;
(ii) Council on Aging;
(iii) Parks and Recreation Commission;
(iv) Public Library, Board of Trustees of;
(v) Commission on Disabilities;
(vi) Cultural Council;
(vii) Beverly Golf and Tennis Commission;
(viii) Health Services;
(b) Youth Activities Commission.
(c) 302.4 Operating Offices:
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(d) The Department of Community Services shall consist of the following offices, the duties and responsibilities of which shall be
further set forth by ordinances.
1) Veterans Services Office - The Veterans Services Office shall be headed by a Veterans Services Director appointed by the
Mayor.
2) The Veterans Office shall be responsible for the delivery of every service to which a veteran is or may be entitled under the
provisions of state and federal law. The Director of Veterans services shall assist veterans and the survivors of veterans in
making appropriate applications to secure benefits to which they are entitled under state and federal law.
3) Council on Aging - The Council on Aging shall coordinate and sponsor programs for the senior citizens of the City of
Beverly.
4) Parks and Recreation Office - The Parks and Recreation Commission shall coordinate and carry out programs for leisure
time activities of persons of all ages.
5) Public Library -- The public library shall be headed by a board of trustees which shall set policies to govern the operation of
the public library of the City and shall supervise the implementation of such policies by its staff.
6) Commission on Disabilities - The Commission on Disabilities shall coordinate and carry out programs designed to assist
disabled persons.
7) Cultural Council - The cultural council shall coordinate and carry out programs designed to improve the culture of the City
and to develop programs in art, music and theater.
8) Beverly Golf and Tennis Commission - The Beverly Golf and Tennis Club Commission shall set policies to govern the
operation and use of the Beverly Golf and Tennis Club and shall supervise the implementation of such policies by its licensee
or other operator.
9) Health Services - All health related programs, activities and services of the City, including those of the Health Department,
shall be coordinated through the Department of Community Services.
10) Youth Activities Commission- The Youth Activities Commission shall establish and conduct programs for the youth of the
City in conjunction with other entities public and private.
11) Affirmative Action and Equal Employment Opportunity Program - There shall be established within the Department of
Community Services an Affirmative Action and Equal Employment Opportunity Program Office which shall be responsible, in
conjunction with the Commission on Disabilities, for the development and implementation of the Affirmative Action and Equal
Employment Program of the city.
Ordinance read once and held for final passage as per charter 9 -0 Vote
#92
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request from mayor for authorization to sign
attached subordination agreement for property at 85 Bisson 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 Subordination Agreement for property owned by
Vivien M. Mattei at 85 Bisson St.
Order read once and adopted 9 -0 Vote
#9s
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Lease of 15 years to Beverly Little League
for Food Concession Stand at Harry Ball Field 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 of Beverly lease to the Beverly Little League for a term of 15 years, the right to use two Little League fields at the
Harry Ball Fields pursuant to the Field /Court Policy of the City of Beverly and to operate the Food Concession Stand at the Harry Ball Field.
Order read once and adopted 9 -0 Vote
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Regular Meeting
#79
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The Committee on Public Services /Committee of the Whole to whom was referred the matter of reappointment Leonora Gall to serve on
the solid Waste management 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
#104
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of Proposed Zoning Amendment Flood Plain
overlay District have considered said matter and beg leave to report as follows to wit:
Submit the accompanying order and recommend its adoption
Ordered:; That Notice is hereby given in accordance with M >G >L> Chapter 40A, Section 5 that the Beverly City council and Beverly
Planning Board will hold a joint Public Hearing on Monday May 5, 2014 at 7:20 p.m. in the City council Chambers, third floor, City Hall
relative to a Proposed Zoning Amendment to floodplain overlay district ordinance (Section 38 -31.A) and Adoption of the 2014 Flood
insurance rate Maps (Firm) prepared by the federal emergency Management Agency for the city of Beverly.
Copies of the proposed amendment are on file in the planning Department and Office of the City Clerk and are available for public review.
Order read once and adopted 9 -0 Vote
Unfinished Business:
Motions and Orders:
#113
By Councilor Latter:
Ordered: That Barbara king, 42 Lyman St. Beverly be appointed as the Ward III representative to the open Space and Recreation
Committee. She will replace Bill Squibb who decided to fill the Conservation commitment. Her term to be effective until august 31, 2016
Order read once and adopted 9 -0 Vote
Meeting Adjourned: 9:15 PM Attest: Kathleen P. Connolly, CMC
City Clerk
5/8/2014