2014-08-11 (2)Regular Meeting
Beverly Meeting Minutes
Page 1 of 13
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Tuesday, September 02, 2014 12 :42 PM
To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com
Subject: August 11, 2014 Special Meeting
Special Meeting
Beverly City Council 7:00 PM August 11, 2014
Roll Call: Councilors: 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, Councilor John P. Frates Jr. was absent
Pledge of Allegiance to the Flag: Councilor Rand
Acceptance of Minutes: Meeting of June 16 and Special Meeting of June19, 2014
Public Speakers and Hearings:
Presentations, Awards and Memorials:
Swearing In Full Time Police Officers:
Scott Griffin, Matthew Marino, Steven Fiore
#175
Call for Special Meeting of August 11, 2014
Communications from His Honor the Mayor:
#176
City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
RE: Rt. 1A Reconstruction (Rantoul Street, Cabot Street, Elliott Street)
Dear Honorable Councilors:
Attached please find documents which are relevant to the Rt. 1A Reconstruction (Rantoul Street, Cabot Street, Elliott Street)
Project and which are referenced in the orders before you. These documents are not part of the orders but will be filed simultaneously with
the order at the Registry of Deeds. The attached documents are:
1) Right of Way Plans, prepared by Dewberry and dated August 5, 2014
2) Survey Plans- the Survey Plan entitled Plan of Road in the City of Beverly, MA, Essex County (Essex County Southern District
Registry) Showing location of easements for the purpose of reconstructing Rantoul and Cabot Street between Blaine Avenue and
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Front Street, dated July 23, 2014.
3) ANRs (Approval Not Required)- For the two parcels that required the City to take ownership in fee simple, ANRs were needed
from the planning board. The ANR's were approved by the planning board as indicated in the Order of Taking by the City of
Beverly, Massachusetts that is before you on August 11, 2014.
Thank you for your attention to this matter.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs and Finance and Property
#176 A
August 7, 2014
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Councilors:
Attached hereto is a list of the two permanent easements that are necessary for the City to have in order to proceed with the
planned reconstruction of Rt. 1A. Each permanent easement is identified by address, the size of the area that the City is taking, the purpose
of the easement, the parcel number, and the name of the owner of the property according to the Registry of Deeds. The property owners of
these two properties are willing to grant permanent easements to the City for compensation. The first property, belonging to the United
States Post Office, could not be taken by the City by eminent domain. The proposed pro tanto damage award based on an appraisal is
$3600 and there is a $500 review fee charged by the United States Post Office. The second property belongs to the Fulwider Irrevocable
Trust. An agreement was reached for compensation in the amount of $450. Because an agreement was reached between the property
owner and the City, no appraisal was required.
Pursuant to M.G.L. ch. 90 Section 34, the City is permitted to use available Chapter 90 funds to pay such compensation and
related expenses. A proposed Acquiring of Easements is attached hereto. Upon your approval, the City will need to file it with the Registry
of Deeds.
Thank you for your attention to this matter.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs and Finance and Property
#176 B
City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
RE: Rt. 1A Reconstruction (Rantoul Street, Cabot Street, Elliott Street)
Dear Honorable Councilors:
Attached hereto is a list of the temporary easements, permanent easements, and interests in fee simple that are necessary for the
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City to take by eminent domain in order to proceed with the planned reconstruction of Rt. 1A. Each taking is identified by address, the size
of the area that the City is taking, the purpose of the taking, the parcel number, and the name of the owner of the property according to the
Registry of Deeds. The majority of property owners have agreed to waive any right to compensation. Nine owners have not agreed to do
so. In those cases, the proposed pro tanto damage award based on an appraisal for each such taking is identified. The total of all the
damages to be awarded is $184,300, which includes the nine properties that were appraised.
Pursuant to M.G.L. ch. 90 Section 34, the City is permitted to use available Chapter 90 funds to pay such compensation and
related expenses. A proposed Order of Taking is attached hereto. Upon your approval, the City will need to file it with the Registry of
Deeds.
Thank you for your attention to this matter.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs and Finance and Property
#176 C
City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
Re: Rte 1A Project/Verizon
Dear Honorable Council:
In connection with the Route 1A reconstruction project, a proposed order is submitted herewith for your consideration
and approval. The order seeks authority for the Mayor to negotiate and obtain a temporary easement at 15 Elliott Street, Beverly, MA, if
needed. The area of the temporary easement would be 150 s.f. or less. Verizon owns the property. The City's consultant on the project
only identified the need on August 5, which is why the easement is not included in the eminent domain order being submitted to you. The
City is in the process of obtaining a "Right of Entry" at the location instead of a temporary easement and will likely be successful in that
effort. However, in the event that a right of entry is not granted, it will be necessary to obtain access via a temporary easement. Because of
the time sensitive nature of the reconstruction project, I am requesting that the City now be authorized to proceed with this course if needed.
Pursuant to M.G.L. ch. 90 Section 34, the City is permitted to use available Chapter 90 funds to pay such compensation and
related expenses.
Very truly yours,
Stephanie M. Williams
Refer to Legal Affairs and Finance and Property
#177
August 11, 2014
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: PROPOSED AMENDMENT TO THE BEVERLY ORDINANCE SECTION 7.20 RELATIVE TO THE ECONOMIC AND COMMUNITY
DEVELOPMENT COUNCIL (ECDC).
Dear Honorable Council,
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I respectfully submit the attached proposed ordinance amendment for your consideration. The proposed amendment seeks to assist the City
in increasing capacity and support around economic development policy and implementation. The proposed amendment will enhance
current membership by increasing the number of members serving on the council and broadening the type of industry profiles represented.
These changes will better represent the diversity of industries consistent with a strong 21St century economy. It will ensure a variety of
voices and perspectives will be present to advise the City in advancing an economic development agenda. The following changes are
proposed:
• Increase council membership from nine (9) to thirteen (13) individuals.
• Change ex- officio membership to include Economic Development Planner in place of Director of Community Development
• Introduce additional industry profiles to be represented by membership to include: publishing and media; arts, culture or
entertainment; hospitality; high technology or life science; Higher Education; and Housing Development.
• Alters paragraph (B) "Authorities and Responsibilities" to provide clarity of the Council's mandate.
Please find attached to this cover letter a summary of proposed changes for your consideration and a copy of ordinance as it currently
stands. Feel free to contact me if you have any additional questions at 978 - 605 -2333.
Sincerely,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#178
August 11, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that The City of Beverly has once again received a Green Communities grant from the Department of Energy
Resources (DOER) in the amount of $249,990. With your approval, this grant will be used as follows:
$88,346 McKeown Elementary school — EMS Phase 1: AC System Upgrade
$79,710 McKeown Elementary School — EMS Phase 2: Heating System Upgrade
$81,934 McKeown Elementary School — EMS Phase 3: Unit Ventilator Controls
Massachusetts General Law Chapter 44 section 53A requires both council and mayoral approval before any grant or gifts to the city can be
expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at the upcoming
special meeting of the City Council of August 11, 2014. Thank you.
Sincerely,
Michael P. Cahill, Mayor
Refer to Finance and Propert
#179
August 11, 2014
Honorable City Council
City Hall
9/15/2014
Regular Meeting
Beverly, MA 01915
Dear Honorable Council:
Page 5 of 13
Massachusetts General Law Chapter 44 section 64 allows for a municipality to pay for prior fiscal year invoices using current fiscal year
appropriations by a two thirds vote of the city council. I respectfully request your approval to pay two such invoices with Fiscal Year 2015
appropriations. The first relates to ongoing legal work for a pending appellate tax board case totaling $8,050. These costs were incurred in
June on the city's behalf. Upon your approval, this will be paid from the solicitor's office FY15 budget for litigation 11512/53079. The
second invoice relates to State Police details performed in 2008 that were just recently brought to the city's attention as outstanding invoices
totaling $880. With your approval this will be paid from the FY15 Department of Public Works police detail budget 14221/51371.
The required certification has been filed with the City Auditor.
I request the council take action on this matter at your upcoming city council meeting on August 11 th to resolve this matter. Thank you for
your consideration.
Sincerely,
Michael P. Cahill, Mayor
Refer to Finance and Property
#180
August 11, 2014
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: RESOLUTION BY THE CITY OF BEVERLY TO CREATE A STATE AUTHORIZED CULTURAL DISTRICT.
Dear Honorable Council,
I respectfully submit the attached resolution for the Council's consideration authorizing the City to submit an application to the
Massachusetts Cultural Council to create a state authorized cultural district to be named the Beverly Arts District.
As the Council is aware the City in partnership with Montserrat College of Art and Beverly Main Streets was awarded a grant in 2012 from
the National Endowment for the Arts (NES) to create a master plan for the Beverly Arts District. The plan defines cultural districts, in part, as
an area that has a critical mass of institutions, venues, related retail, activity, and creative individuals that interact in a way that supports the
arts and creative endeavors.
Arts districts can encompass and in turn benefit a number of types of activities and land uses, are a useful tool in strengthening the cultural
identity of downtowns, and play an important role in urban revitalization and economic development strategy. Cultural districts are also
characterized as walkable, compact areas that can easily be identified by residents and visitors alike.
Designation through MCC is the only way in which the Beverly Arts District will be recognized by the state. By receiving designation the City
will be part of exclusive list of communities that support the arts in their community and will help promote Beverly as a center of the arts and
culture throughout the region. Designation will also facilitate access to resources and technical assistance with state agencies and unlock
access to grant opportunities through MCC supporting arts and culture programming and capital improvement.
The City has collaborated with Montserrat College of Art and Beverly Main Street in preparing the application to MCC for cultural district
designation with the objective of receiving designation by October of this year. To meet this timeline the attached resolution and on -line
application will need to be submitted by the end of August. Subsequently a site visit with MCC officials of the proposed district will be hosted
in September prior the MCC's October board meeting.
The City and its partners appreciate all the support the Council has previously provided in developing the cultural district master plan and
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establishing the Beverly Cultural District, and look forward to your continued support of the arts and cultural community in Beverly by
supporting the attached resolution.
Please find attached to this cover letter a map showing the extent of the proposed cultural district and identifying cultural assets and
institutions. Feel free to contact me if you have any additional questions at 978 - 605 -2333.
Sincerely,
Michael P. Cahill, Mayor
.� _4 } }.: - •.•}�• • fi r � } , r F_. r { *
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Resolution
A resolution by the City of BEVERLY to create a state - authorized cultural district for at least (5) years to be named: BEVERLY ARTS
DISTRICT (BAD)
WHEREAS, the City wishes to pursue a state - authorized cultural district through the enabling legislation (MGL Chapter 10 Section 58A).
WHEREAS, the City has a mixed -use geographical area that has a concentration of cultural facilities and assets.
WHEREAS, the City has held a public meeting and adopted a resolution proclaiming its interest in establishing a state - designated cultural
district.
WHEREAS, the City has created a broad and diverse partnership of stakeholders committed to cultural, community and economic
development to provide oversight of the district.
WHEREAS, the Massachusetts Cultural Council will be petitioned in accordance with its guidelines and criteria to designate said cultural
district.
NOW, THEREFORE, BE IT RESOLVED by the Beverly City Council that the City:
Article 1. Endorses the submission of this application and agrees to foster the development of a cultural district.
Article 2. Endorses the state - sponsored cultural district goals: attracting artists and cultural enterprises, encouraging business and job
development, establishing tourist destinations, preserving and reusing historic buildings, enhancing property values and fostering local
cultural development.
Article 3. Will appoint a city official to represent the City within the district partnership of said cultural district.
Article 4. Encourages all who own property or businesses within said cultural district to involve themselves and participate in the full
development of the cultural district.
Article 5. Directs city agencies to identify programs and services that could support and enhance the development of the cultural district and
seek to make those programs and services accessible to the cultural district.
ADOPTED ON THIS DAY OF OF (year)
President of Beverly City Council: Paul Guanci
Mayor of the City of Beverly: Michael P. Cahill
Order read once and adopted on floor 8 -0 Vote
#181
August 11, 2014
The Honorable City Council
191 Cabot Street
City Hall
Beverly, MA 01915
Re: Our Common Backyards Grant Program Order
9/15/2014
Regular Meeting
Dear Honorable Council:
Page 7 of 13
I am submitting herewith for your consideration and approval a proposed Order that will permit the City to accept the $200,000 Our Common
Backyards Grant from the Executive Office of Energy and Environmental Affairs for the purpose of acquiring a new playground structure and
splash pad at Lynch Park. Details of the grant are set forth in the order.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Finance and Property
#182
August 11, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Chantal Vanetzian, 177 Common Street, Watertown, MA to serve as
Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is Ms. Vanetzian's application, which has been approved by Police Chief John LeLacheur.
Ms. Vanetzian's term will be effective until July 31, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#183
August 11, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Mark S. lanuzzi, 29 Granite Street, Peabody, MA to serve as Constable
in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. lanuzzi's application, which has been approved by Police Chief John LeLacheur.
Mr. lanuzzi's term will be effective until July 31, 2017.
Very truly yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs
#184
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Regular Meeting
August 8, 2014
City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Page 8 of 13
I am herewith submitting for your consideration a proposed order authorizing the City to enter into a written option to purchase Camp
Paradise from the Girl Scouts of Eastern Massachusetts for $950,000. The price is the result of three professional appraisals. The exercise
of the option will be contingent upon, among other things, the City securing a $400,000 Parklands Acquisitions and Renovations for
Communities Program ( "PARC ") grant and $450,000 in Community Preservation Act funding.
Sincerely yours,
Michael P. Cahill, Mayor
Refer to Legal Affairs and Finance and Property
Communications from other City Officers and Boards:
#131 -A
Zoning Amendment to Section 38 -31 introducing new section 38 -315 entitled The Beverly Harbor Interim Planning Overlay District
(BHIPOD)
Refer to Legal Affairs
#186
Communication from Open Space and Recreation Committee re Designation Open Space & Recreation committee representative to
Community Preservation Committee
Receive and Place on File
#187
Communication from Planning and Community Development Department re Designation Planning Board Representative to Community
Preservation Committee
Receive and Place on File
#188
Communication from City Clerk relative to Call for Election of September 9, 2014
Order read once and adopted 8 -0 Vote
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Regular Meeting
#189
Comm. re affordable housing unit at 130 Cabot Street
Refer to Legal Affairs
Communications, Applications and Petitions:
#190
Application Hawkers and Peddlers License Jaclyn Bucco (Ice cream & Candy)
Refer to Legal Affairs
#191
Complaint re Deja vu Consignment Shop
Refer to Legal Affairs
#192
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Communication from Spectra Energy re Algonquin Gas Transmission, LLC, Salem Lateral Project and Environmental Notification Form
Receive and Place on File
#193
Communication re Loading Zone at 130 Cabot Street
Refer to Legal Affairs
#194
Application for Lodging House License 68 Dane Street (Greycroft Inn)
Refer to Legal Affairs
#195
Application for permit to maintain Sandwich Board Sign (644 Hale St., Prides Deli)
Refer to Legal Affairs
9/15/2014
Regular Meeting
#196
Application for permit to maintain Sandwich Board Sign (202 Rantoul St., Prides Piccolo Nepoletana)
Refer to Legal Affairs
#197
Application for permit to maintain Sandwich Board Sign (240Rantoul St. Prides Osteria)
Refer to Legal Affairs
#198
Application for permit to maintain Sandwich Board Sign (495Cabot St. Salem Five Bank)
Refer to Legal Affairs
Reports from Committees:
#176
Page 10 of 13
The Committees on Finance and Property and Legal Affairs / Committee of the Whole to whom was referred the matter of Land takings on
Rantoul 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 City of Beverly is authorized to take by eminent domain, pursuant to M.G.L. chapter 79 and all other applicable laws, the
interests in real property as more specifically identified and set forth in the Order of Taking by the City of Beverly, Massachusetts, dated
August 11, 2014, attached hereto, which is incorporated herein by reference. The terms, conditions, and scope of the takings, including any
compensation for such, are further set forth in said Order of Taking by the City of Beverly, Massachusetts, dated August 11, 2014. Said
takings are for municipal purposes, which include, among other things, the reconstruction and improvement of the roads and sidewalks
along sections of Route 1A, as well as sections of Elliott Street and Cabot Street.
This Order includes authorization to make amendments to the language of the Order of Taking by the City of Beverly,
Massachusetts, dated August 11, 2014, that are de minimis and /or for the purpose of correcting any scrivener's error, and which do not
change the substance and /or intent of any such taking.
Order read once and adopted 8 -0 Vote
Motion for Reconsideration failed 8 -0 Vote
#176 -A
The Committees on Finance and Property and Legal Affairs / Committee of the Whole to whom was referred the matter of Land takings on
Rantoul 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 City of Beverly, pursuant to M.G.L. chapter 43 section 30 and chapter 40 section 14, and all other applicable laws, is
authorized to acquire the interests in real property as more specifically identified and set forth in the document entitled "Acquiring of
Easements by the City of Beverly, Massachusetts, dated August 11, 2014", attached hereto, which is incorporated herein by reference. The
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terms, conditions, and scope of the acquisitions, including any compensation for such, are further set forth in said Acquiring of Easements
by the City of Beverly, Massachusetts, dated August 11, 2014. Said takings are for municipal purposes, which include, among other things,
the reconstruction and improvement of the roads and sidewalks along sections of Route 1A, as well as sections of Elliott Street and Cabot
Street.
This Order includes authorization to make amendments to the language of the Order of Taking by the City of Beverly,
Massachusetts, dated August 11, 2014, that are de minimis and /or for the purpose of correcting any scrivener's error, and which do not
change the substance and /or intent of any such taking.
Order read once and adopted 8 -0 Vote
Motion for Reconsideration failed 8 -0 Vote
#176 - B
The Committees on Finance and Property and Legal Affairs / Committee of the Whole to whom was referred the matter of Land takings on
Rantoul 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 City of Beverly, pursuant to M.G.L. chapter 43 section 30 and chapter 40 section 14, and all other applicable laws, is
authorized to acquire the interest in real property as more specifically identified and set forth in the document entitled, "Acquiring of
Temporary Easement at 15 Elliott Street by the City of Beverly, Massachusetts" attached hereto, which is incorporated herein by reference.
Order read once and adopted 8 -0 Vote
Motion for Reconsideration failed 8 -0 Vote
#178
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Green Communities Grant from the
Department of Energy Resources ($249,990.00) have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Recommend the Council approve the Grant
Order read once and adopted 8 -0 Vote
#179
The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of request to pay prior FY 2014
invoices from current budget in the amounts of $8,050.00 Solicitor and $880.00 State Police Detail have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Recommend the council approve the request
Order read once and adopted 8 -0 Vote
#181
The Committee on Finance and property /Committee of the Whole to whom was referred the matter of appropriation regarding Our
Common Backyards Grant have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a Public Hearing on Tuesday, September 2, 2014, at City Hall, Third Floor, 191
Cabot Street, Beverly, MA at 7:20PM relative to and appropriation regarding Our Common Backyards grant in the amount of
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Regular Meeting
$200,000
First Passage: Aug. 11, 2014
Public Hearing: Sep. 2, 2014
Final Passage: Sep. 2, 2014
Order read once and adopted 8 -0 Vote
#131
Page 12 of 13
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Zoning Amendment Cha.38 -31 introducing a
new section (38 -315) entitled Beverly harbor Interim Planning Overlay District BHIPOD have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying order and recommend its adoption:
In the Year Two Thousand and Fourteen
An Order amending a Zoning Ordinance entitled Chapter XXXVIII Section 38 -31 introducing a new section (38 -315)
entitled the Beverly Harbor Interim Planning Overlay District ( BHIPOD)
ordered:
That Chapter 38-31 of the Revised Zoning Ordinances of the City of Beverly, be, and the same is hereby amended as follows:
ADD: 3 8 -31.F Beverly Harbor Interim Planning Overlay District (BHIPOD) 1. Amendment to the Beverly Zoning Map to
include the "Beverly Harbor Interim Planning Overlay District "; and 2. Amendment to the Beverly Zoning Ordinance Chapter
38-31 introducing a new section (3 8 -31.F) entitled "The Beverly Harbor Interim Planning Overlay District (BHIPOD) ".
Proposal introduces land use and development controls for a 2 -year term while a comprehensive rezoning process occurs.
Amendments made 8/11/2014 "Changes to the proposed zoning amendment introducing the Beverly Harbor Interim Planning
Overlay District (BHIPOD) include clarifying language under section 38- 31.F.3.c relative to projects for which a special
permit criteria apply and introducing a new use category allowed by special permit that includes residential use as part of a
mixed -use development project."
Copies of the proposed amendment are on file in the Planning Department and Office of the City Clerk and are available for
public review.
This ordinance to take effect upon final passage according to City Charter
First Reading: May 19, 2014
Joint PH held: June 16, 2014
Second Reading: August 11, 2014
Advertise and hold for Final Passage: Sept. 2, 2014
#184
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of appropriation regarding PARC Grant have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
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Regular Meeting
Recommend the Council approve the request
Order read once and adopted 8 -0 Vote
Unfinished Business:
Motions and Orders:
Meeting Adjourned: 8:05 PM Attest: Kathleen P. Connolly, CMC
City Clerk
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