2014-10-06Regular Meeting
Page 1 of 11
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Monday, October 20, 2014 10 :31 AM
To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com
Subject: Oct.6,2014, Meeting
Regular Meeting
Beverly City Council 7:00 PM October 6, 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 Frates
Acceptance of Minutes: Regular Meeting of Sept 15, 2014
Public Speakers and Hearings:
Presentations, Awards and Memorials:
#223 Resolution — Councilor Rand (Caspian)
Communications from His Honor the Mayor:
#224
September 22, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
On Thursday September 18 2014 the Community Preservation Committee (CPC) voted in favor of recommending the
attached Fiscal Year 2015 budget to the City Council for consideration. Each fiscal year the City must approve a Community
Preservation budget which allocates estimated revenues to meet the minimum reserve requirements as established by law.
I attended the CPC meeting on the 18 during which critical time lines, the required process and financial structure were
discussed with the Committee. I feel the recommended budget meets the requirements of the Community Preservation Act and
would urge the council to approve the budget as presented.
Please initiate action on this matter at your next City Council meeting, October 6, 2014. This will require a public hearing be set
prior to a Council vote. Thank you.
Very truly yours,
Bryant Ayles
Finance Director/ Treasurer
Refer to Finance & Property
10/23/2014
Regular Meeting
#225
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 2 of 11
Attached for your consideration is a memorandum from Finance Director Bryant Ayles recommending the city establish a Tax
Title Revolving Fund. I hereby request your honorable council to act on this request at your October 6 Council meeting.
Sincerely yours,
Michael P. Cahill
Mayor
ORDERED: that the City Treasurer is hereby authorized to establish a revolving fund pursuant to the provisions of
Massachusetts General Law Chapter 44 section 53E1/2. Said fund will be accounted for separately from all other monies and
is authorized to receive only those fees collected in connection with tax title proceedings. The City's Collection Department
shall be authorized to expend from this fund for fees in connection with tax title proceedings provided that expenditures shall not
exceed $200,000 in any given year.
Order Read Once and Adopted: Vote 9 - 0
#226
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Ms. Nancy Cicci, 15 Kennedy Drive, Beverly to serve as
Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is Ms. Cicci's application, which has been approved by Police Chief John LeLacheur.
Ms. Cicci's term will be effective until from November 1, 2014 October 31, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Order Read Once and Adopted: Vote 9 - 0
10/23/2014
Regular Meeting
#227
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 3 of 11
I hereby reappoint, subject to your review and recommendation, Mr. Paul Minsky, 15 Lynn Shore Drive, Lynn to serve as
Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is Mr. Minsky's application, which has been approved by Police Chief John LeLacheur.
Mr. Minsky's term will be effective until from November 1, 2014 October 31, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Order Read Once and Adopted: Vote 9 - 0
#228
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Peter A. Davekos, 5 Brookhead
Avenue, Beverly to serve as Constable in the City of Beverly for the express purpose of serving Civil
Process.
Attached is Mr. Davekos' application, which has been approved by Police Chief John LeLacheur.
Mr. Davekos' term will be effective until from November 1, 2014 October 31, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Order Read Once and Adopted: Vote 9 - 0
10/23/2014
Regular Meeting
#229
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 4 of 11
I hereby appoint subject to your review and recommendation Ms. Victoria Burke Caldwell, 7 Bancroft
Avenue, Beverly to serve as an Alternate on the Zoning Board of Appeals.
Her term to be effective until October 1, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Legal Affairs
#230
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Joan Fairbank, 11 Liberty Street,
Beverly to serve as a Trustee of the David Lynch Public Parks Fund.
Her term to be effective until September 30, 2017.
Sincerely yours,
Michael P. Cahill
10/23/2014
Regular Meeting
Order Read Once and Adopted: Vote 9 - 0
#231
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 5 of 11
I hereby reappoint, subject to your review and recommendation Ms. Jessica Wistran, 65 Lexington
Circle, Swampscott, MA 01906 to serve on the Board of the Council of Aging.
Ms. Wistran is an attorney with the Beverly firm of Glovsky & Glovsky, LLC at 8 Washington Street.
Her specialty area is elder law. Because Ms. Wistran is a Swampscott resident, I request your Honorable
Council grant a waiver of the residency requirement to Ms. Wistran.
Her term to be effective until June 30, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Public Services
#232
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Ellen Dunn, 79 Baker Avenue,
Beverly and Mr. Lawrence M. Smith, 85 Grover Street to serve on the Commissioner of Trust Funds.
Ms. Dunn's term is to be effective until December 30, 2016 and Mr. Smith's term is to be effective until
December 30, 2015.
10/23/2014
Regular Meeting
Sincerely yours,
Michael P. Cahill
Mayor
Communication read once and voted on floor 9 -0 Vote
#233
October 6, 2014
Honorable City Council
City Hall
Beverly, MA 01915
Re: Camping, Storage, and Open Fires on Public Property
Dear Honorable Council:
Page 6 of 11
I am writing to you today to propose an ordinance entitled Camping, Storage, and Open Fires on Public
Property. The purposes of this ordinance are to promote public safety, to maintain public health and
sanitation and to keep public spaces, areas, and streets accessible to the public for their intended uses.
A draft ordinance is attached to this letter, which I respectfully ask that you adopt.
Sincerely yours,
Michael P. Cahill
Mayor
In the year two thousand fourteen
An ordinance entitled Camping, Storage, and Open Fires on Public Property
Be it ordained by the City Council of the City of Beverly as follows:
By enacting Section 22.42 entitled Camping, Storage and Open Fires on Public Property in the
revised Ordinances of the City of Beverly by adding the following language:
Section 22.42 Camping, Storage, and Open Fires on Public Property
The following activities shall be prohibited on any public property without express written permission
from the City of Beverly:
1) Camping, excepting in a campground duly licensed by the Board of Health and in conformity
with the regulations of such campground;
2) Campfires, bonfires, or other such open fires
It shall be unlawful for any person to store personal property, including camp facilities
10/23/2014
Regular Meeting Page 7 of 11
and camp paraphernalia, in the following areas, except as otherwise provided by ordinance or by written
permission of the City of Beverly
(a) Any park;
(b) Any street;
(c) Any public property, improved or unimproved.
For the purpose of this ordinance, "store" means to put aside or accumulate for use when needed, to put
for safekeeping, to place or leave in a location.
Any person violating this ordinance may be arrested without a warrant by any officer authorized to serve
criminal process and may be punished by a fine not to exceed $100 for each offense.
Refer to Legal Affairs
Communication read once and voted on floor 9 -0 Vote
Refer to Public Services
Refer to Legal Affairs
Refer to Finance & Property
Communications from other City Officers and Boards:
#234
Communication from — Beverly Airport Commission re: request to demolish building #45 at the Airport
Refer to Finance & Property
#235
COMMONWEALTH OF MASSACHUSETTS
WILLIAM FRANCIS GAL VIN
SECRETARY OF THE COMMONWEALTH
Warrant for State Election
SS. To the City Councilors of the City of Beverly
GREETINGS:
In the name of the Commonwealth you are hereby required to note and warn the inhabitants of said City who are qualified to vote in State Primaries to vote at the
following locations:
Ward 1, Precinct 1, Ryal Side Ayers School
Ward 1, Precinct 2, Ryal Side Ayers School
Ward 2, Precinct 1, Beverly Public Library
10/23/2014
Regular Meeting
Ward 2, Precinct 2, Beverly Public Library
Ward 3, Precinct 1, McKeown Elementary School
Ward 3, Precinct 2, McKeown Elementary School
Ward 4, Precinct 1, Cove Elementary School
Ward 4, Precinct 2, Cove Elementary School
Ward 5, Precinct 1, North Beverly Elementary School
Ward 5, Precinct 2, North Beverly Elementary School
Ward 6, Precinct 1, Centerville Elementary School
Ward 6, Precinct 2, Centerville Elementary School
Page 8 of 11
TUESDAY, THE FOUR OFNOVEMBER, 2014, from 7:00 a.m. to 8:00 p.m. for the following
purpose:
To cast their votes in the State Primary for the candidates ofpolitical parties for the following offices:
SENATOR IN CONGRESS . . . . ... . . .... .. . .. . ....
FOR THIS COMMONWEALTH
GOVERNOR AND LIEUTENANT GOVERNOR. FOR THIS COMMONWEALTH
ATTORNEY GENERAL ...... . ... . . .... .. . .. . ....
FOR THIS COMMONWEALTH
SECRETARY OF STATE .... ....... ..... .. . .. . ....
FOR THIS COMMONWEALTH
TREASURER .. . ....
FOR THIS COMMONWEALTH
AUDITOR .................. . ... . . .... .. . .. . ....
FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS . . . . . . . . . . . . .
SIXTH DISTRICT
COUNCILLOR . . . . . . . . . . . . . . . . . . . . . . . . .
FIFTH DISTRICT
SENATOR IN GENERAL COURT . . . . . . . . . . . . . .
SECOND ESSEX DISTRICT
REPRESENTATIVE IN GENERAL COURT. . . . . . . . .
SIXTH ESSEX DISTRICT
DISTRICT ATTORNEY..... . . . . . . . . . . . . . . .
EASTERN DISTRICT
REGISTER OF PROBATE. . . . . . . . . . . . . . . . . . .
ESSEX COUNTY
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting.
Given under our hands this 6th day of October 2014.
Paul M. Guanci, President James F. Later, Vice President
Jason C. Silva Matthew J. St. Hilaire David J. Lang Estelle M. Rand Scott D. Houseman Donald G. Martin John P.
Frates, Jr
Hereof fail not and make return of this warrant with your doings thereon at the time and place of said
voting.
Given under our hands this 6th day of October, 2014
Councilors of City of Beverly
ATTEST: Kathleen A Connolly, CMC
CITY CLERK
Communication read once and voted on floor 9 -0 Vote
#236
Communication from Councilor Martin re: the Ward 5 representative to the Open Space & Recreation Commission (Sandra M. Stacey)
Communication read once and voted on floor 9 -0 Vote
10/23/2014
Regular Meeting Page 9 of 11
#237
Communication from — City Solicitor re: the sale of the McKay School
Ordered: that the Mayor is authorized to negotiate and execute on behalf of the City any and all instruments including but not limited to a
purchase and sale agreement and deed in order to complete the sale of 131 McKay Street, City of Beverly, Essex County, Massachusetts,
commonly known as the McKay School.
Communication read once and voted on floor 9 -0 Vote
Communications, Applications and Petitions:
#238
Request for waiver of Ordinance re: Alcohol in Public Buildings for a Reception at the Beverly Farms Library — Carmela Martin.
Refer to Legal Affairs
#239
Application: (14) Taxi Cab Licenses — Americab Taxi, 10 Jefferson Ave Salem, MA.
Refer to Legal Affairs
#240
Application: (2) Livery Licenses for Tri -Star Vehicle Leasing Inc. —100 Cummings Ctr.
Refer to Legal Affairs
#241
Request from Cummings Properties to change Zoning Classification from IR to IR Overlay for a parcel at the corner of RT. 62 and McKay
St.
Refer to Legal Affairs & Planning Dept.
#242
Claim: Christine Xiarhos — Sewer backup at 61 Shortell Ave.
Refer to City Solicitor
#243
Request from Jennifer & James Whitney, 9 Michael Road. For trees to be removed from the front of their house.
Refer to Finance & Property
10/23/2014
Regular Meeting
#244
Petition: National Grid for Underground conduits at Old Rubbly and Old Town Roads.
Refer to Public Services
Reports from Committees:
#224
Page 10 of 11
The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of FY 2015 Community Preservation
Budget 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 October 20, 2014 at 7:20PM, 191 Cabot St. Beverly, MA. in
City council Chambers , third floor of City Hall relative to the approval of the FY -2015 Community Preservation Committee (CPC) Budget
which allocates estimated revenues to meet the minimum reserve requirements as established by law.
Order read once and adopted 9 -0 Vote
#200
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request that the Mayor be authorized to sign
the fifth addendum to the Lease Agreement between North Atlantic Air Inc. & Beverly Airport Commission 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 that the Mayor be authorized to sign the attached Fifth Addendum to the Lease
Agreement dated April 1, 1995 between North Atlantic Air, Inc. and the Beverly Airport Commission.
Order read once and adopted 9 -0 Vote
#217
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of the appointments of the following citizens to
serve on the Economic and Community Development council: Ordinance have considered said matter and beg leave to report as follows,
to wit:
Ms. Julia Campbell, 90 Essex Street, Beverly
Mr. Thomas Grant, 868 Hale Street, Beverly
Mr. Richard Marino, 7 Ives Street, Beverly
Mr. Neiland Douglas, 125 New Balch Street,
10/23/2014
Regular Meeting
Mr. Donat Fournier, 59 Cross Lane, Beverly
Mr. William Howard, 2 Sylvester Avenue, Beverly
Ms. Charlene St. Jean, 32 Jordan Street, Beverly
Recommend the Council approve the Appointments
Order read once and adopted 9 -0 Vote
#219
Page 11 of 11
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Reappointment of Constable — Alfred Mark
Difronzo, 1200 Salem St., Lynnfield, MA. 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
#201
The Committee on Public Service / Committee of the whole to whom was referred the matter of appointment of Alison Avezzie Hanchett to
the Cultural Council 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
Unfinished Business: Final Passage — Amendment to Article VII Sec. 7.20 (ECDC)
Order read once and adopted 9 -0 Vote
Motions and Orders:
Order: Councilor Guanci: Amendment to Article XXII Sec. 22.31 Dogs in Cemeteries
Order: Councilor Latter: Amendment to Article XXI sec. 21.1315 Minute Parking (late file)
Meeting Adjourned: 8:00 PM Attest: Kathleen P. Connolly, CMC
City Clerk
10/23/2014