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2014-10-06 (2)Regular Meeting Page 1 of 10 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, November 03, 2014 2:12 PM To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com Subject: Oct.6,2014, Meeting Regular Meeting Beverly City Council 7:00 PM October 20, 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 Lang Acceptance of Minutes: Regular Meeting of October 6, 2014 Public Speakers and Hearings: 7:20PM #224 Community Preservation Budget Refer to Finance &Property Presentations, Awards and Memorials: Charlie Perlo — Chair of the SWMC to present a check to the BHS Football Team Communications from His Honor the Mayor: #247 October 20, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Over the past several years, the Friends of the Beverly Public Library led an appeal to collect donations through numerous fundraising activities which resulted in the purchase and equipping of the City's new bookmobile. With this impressive resource now being utilized regularly by our citizens both young and old, the Friends of the Beverly Public Library want to ensure it continues to benefit our City in the future. They generously offered to donate $7,100.43, the leftover funds raised for the bookmobile, to the Beverly Library Trust Fund to be utilized for purchases made for the bookmobile other than routine maintenance, repairs or gas. If approved by the Council, future disbursements from these funds will be made in consultation with the 11/26/2014 Regular Meeting Page 2 of 10 Library Director and the Bookmobile librarian. I respectfully request your approval for expending these funds as outlined by the terms of the donation noted above. I would also ask that you join me in sincere appreciation of the generosity and effort that the Friends of the Beverly Public Library have shown our City. So often it is selfless efforts focused on a particular goal, in this case a mobile library, that deliver on an unmet need and make such a difference in our City. Sincerely yours, Michael P. Cahill Mayor #248 October 20, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint subject to your review and recommendation the following residents to serve as Trustees of the David Lynch Public Parks Fund: Term Ms. Joyce Frisello 62 Hathaway Avenue September 30, 2016 Mr. Kevin Hobin 6 Gardner Street September 30, 2017 Ms. Kathy Doane 83 Bisson Street September 30, 2015 Ms. Frisello will fulfill the term of Ms. Rosalie Kerr who recently relocated. Mr. Hobin will fill a vacant seat. Ms. Doane will serve as the representative from the Beverly Improvement Society, her term to be renewed on an annual basis. Sincerely yours, Michael P. Cahill Mayor Refer to Finance & Property 11/26/2014 Regular Meeting #249 October 20, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 3 of 10 The City of Beverly is due to receive the transfer of FY 2015 Local Cultural Council grant funds from the Massachusetts Cultural Council to the account for the Beverly Cultural Council. The amount of the funds to be allocated from the Massachusetts Cultural Council is $10,970. 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 purposed. I hereby request the council approve this grant by taking action on this matter at the City Council meeting scheduled for October 20, 2014. Sincerely yours, Michael P. Cahill Mayor Order read once and adopted vote 9 - 0 Communications from other City Officers and Boards: #250 Paul Guanci, President Beverly City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: Community Preservation Committee First Round CPA Project Funding Recommendations Dear President Guanci and Members of the City Council, The Community Preservation Committee (CPC) has received, reviewed and herein makes funding recommendations for the first round of project applications for the Community Preservation Act funding. Since May of this year, the CPC, with valuable assistance from the City Finance and Planning Departments, has worked to perform its due diligence in evaluating this first round of applications to adhere to the program schedule outlined in public meeting last year. The first round drew a total of 14 11/26/2014 Regular Meeting Page 4 of 10 applications for a total request of $1,384,584.00 from CPA funds. The CPC is pleased to submit the enclosed recommendations, representing 12 projects for $1,035,902.00 of CPA funding. All recommended projects are subject to the terms and conditions imposed by the Community Preservatii Committee through anticipated Grant Agreements ( "Agreements "). The following Agreement conditions common to all recommended projects: 1. Projects financed with Community Preservation Act funds must comply with all applicable state and municipal requirements. 2. CPA funds are administered and disbursed by the City of Beverly in accordance with project milestones and disbursement schedules contained in the Agreement. 3. Project oversight, monitoring, and financial control are the responsibility of the CPC or its designee, or as required in project Agreements. 4. The CPC will require quarterly project status updates from Community Preservation Act Fund recipients. Additionally, recipients shall also provide an interim report at the 50% Completion Stage along with budget documentation. 5. All projects will be required to state "This project received funding assistance from the citizens of Beverly through the Community Preservation Act" in their promotional material and, where appropriate, on exterior signage. The CPC reserves the right to include proj ect- specific terms in its Agreements with grant recipients, including but not limited to conservation or preservation easements, documentation, and coordination with municipal boards and commissions as appropriate. As you are aware, pursuant to Massachusetts General Law, a public hearing must be scheduled prior to any City Council vote is taken on the attached orders. The CPC respectfully requests that the City Council consider approving the 12 attached appropriation orders. Applications for all projects are available for review in the Planning Department office, or on the CPC's website. Should you have any questions or need additional information, please do not hesitate to contact the Committee through its staff, Amy Maxner in the Planning Department. Respectfully Submitted by: Community Preservation Committee Chair Wendy Pearl, Historic District Commission Representative Vice -Chair Darien Crimmin, At -Large Representative Robert Buchsbaum, Conservation Commission Representative Marilyn McCrory, Open Space & Recreation Committee Representative Leland McDonough, Housing Authority Representative Henry Pizzo, Parks & Recreation Commission Representative Heather Richter, At -Large Representative John Thomson, Planning Board Representative Lincoln Williams, At -Large Representative Re: Council Votes Community Preservation Committee First Round CPA Project Funding Recommendations October 16, 2014 To appropriate a total of $90,000 to the Beverly Housing Authority for the purpose of preserving existing 11/26/2014 Regular Meeting Page 5 of 10 nmunity housing within three duplex units located at 101 -105 Essex Street through the removal of old and deteriorating roof material and replacement with a 50 -year shingle roof, and installation of new gutters and downspouts. Said appropriation shall consist of $60,000 from the Community Preservation Fund Community Housing Reserve and $30,000 from the Community Preservation Fund balance. To appropriate $20,000 from the Community Preservation Fund balance to Harborlight Community Partners for the purpose of acquiring the building at 1 Monument Square and creating affordable housing therein for low income seniors with site supportive services. To appropriate $56,500 from the Community Preservation Fund Historic Preservation Reserve to the Beverly Historical Society for the purpose of preserving an historic asset by rehabilitating and restoring the building foundation, chimneys and mitigating drainage problems located at the Hale House 39 Hale Street. To appropriate $25,000 from the Community Preservation Fund Historic Preservation Reserve to the City of Beverly Clerk's Office for the purpose of preserving an historic asset by de- acidification and conservation of at- risk municipal documents in City Hall. To appropriate $16,000 from the Community Preservation Fund balance to the Prides -Farms Community Association, Inc. for the purpose of preserving an historic asset by performing an architectural analysis that will guide historically sensitive rehabilitation of the Hastings House building located at 14 Oak Street. To appropriate $13,040 from the Community Preservation Fund Historic Preservation Reserve to the First Parish Church, UU for the purpose of preserving an historic asset by developing an architectural design for a proposed elevator within the First Parish Church located at 225 Cabot Street to ensure its eventual construction is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. To appropriate $25,000 from the Community Preservation Fund balance to support the Lynch Park Advisory Committee for the purpose of preserving an historic asset by conducting a feasibility study and preservation plan for the Lynch Park Carriage House located at Lynch Park, 55 Ober Street, to ensure that any future modifications to the building are in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. To appropriate $450,000 from bond proceeds to the City of Beverly to support the proposed purchase of land and buildings located @ 44 Cole St. Beverly, Ma commonly known as "Camp Paradise ". The resulting debt service payments and all costs incidental and related thereto, will be paid by annual revenue of the Community Preservation Act. To appropriate $85,000 from the Community Preservation Fund balance to the City of Beverly to rehabilitate recreational lands by rehabilitating the restrooms at Lynch Park, 55 Ober Street. To appropriate $177,663 from the Community Preservation Fund balance to Beverly Main Streets, for the purpose of redesigning Ellis Square to make this recreational land functional for its intended use. 11/26/2014 Regular Meeting Page 6 of 10 To appropriate $30,000 from the Community Preservation Fund balance to the City of Beverly for the purpose of rehabilitating recreational lands through the construction of a new play structure at Lynch Park. To appropriate $47,699 from the Community Preservation Fund balance to The Ryal Side Civic Association for the purpose of rehabilitating recreational lands through the construction of a pavilion at Obear Park at 145 Livingstone Avenue. Refer to Finance & Property Communications, Applications and Petitions: #251 Notice of Project Change from MEPA re: Phase 1 RT 128, Exit 19 @Brimbal Ave. Interchange Improvements Project. Receive and Place on File #252 Petitions from National Grid /Verizon New England re: (Joint or Identical Pole Locations) @ Melvin Ave. — Shortell Ave. and Winthrop Ave. and Upland Road. Refer to Public Services Reports from Committees: #234 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Communication from — Beverly Airport Commission re: request to demolish building #45 at the Airport 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 #243 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of request for removal of trees at 9 Michael Road have considered said matter and beg leave to report as follows, to wit: 11/26/2014 Regular Meeting Recommend the Council approve the following Order read once and adopted 9 -0 Vote #250 Page 7 of 10 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Community Preservation First Round Project Funding Recommendations 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 November 3, 2014 at 7:30 PM in City Council Chambers, 191 Cabot St, Beverly, MA. relative to the approval of appropriation orders for the attached 12 projects totaling $1,035,902.00 of CPA Funding. Order read once and adopted 9 -0 Vote #194 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Lodging House License — 68 Dane St. have considered said matter and beg leave to report as follows, to wit: Recommend that the Council Deny the application. Order read once and adopted 9 -0 Vote #229 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of the appointment of Victoria Burke Caldwell of 7 Bancroft Ave. as a ZBA Alternate 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 #233 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Proposed Ordinance re: Camping, Storage and Open Fires on Public Property 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 fourteen An ordinance entitled Camping, Storage, and Open Fires on Public Property 11/26/2014 Regular Meeting Page 8 of 10 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 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 $50.00 for each offense. Motion was made in Committee to amend the fine by reducing it to $50.00 from $100.00 A statement was read by Council President Guanci asking that the Council hold the ordinance for the November 3rd City Council Meeting so that the Mayor could attend to answer questions. Order read once and adopted 9 -0 Vote #238 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 for a reception on Nov.6, 2014 6:00 — 8:30PM Carmela Martin — Artist Reception have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the request Order read once and adopted 9 -0 Vote #240 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for 2 additional Livery Licenses for Tristar Vehicle Leasing, Inc. —100 Cummings Ctr. #225G have considered said matter and beg leave to report as follows, to wit: Recommend that the Council approve the Licenses 11/26/2014 Regular Meeting Page 9 of 10 Order read once and adopted 9 -0 Vote #241 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for Zoning change from Cummings Properties — to Change a section from IR to IR Overlay have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption Ordered that this communication be referred to City Council to set a joint Public Hearing with the Planning Board Order read once and adopted 9 -0 Vote #245 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order: Councilor Guanci: Amendment to Article XXII Sec. 22.31 Dogs in Cemeteries have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended Ordinance and recommend its adoption Amendment — to add per dog after ($50.00) First Reading: October 6, 2014 Second Reading: October 20, 2014 Advertise and hold for final passage: November 3, 2014 Order read once and adopted 9 -0 Vote #246 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order: Councilor Latter: Amendment to Article XXI sec. 21.1315 Minute Parking have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Ordinance and recommend its adoption Motion was made by Councilor Latter to return to Committee on Legal Affairs Order read once and adopted 9 -0 Vote #231 The Committee on Public Service /Committee of the whole to whom was referred the matter of reappointment of Jessica Wistran to the Beverly Council on Aging and waiver of residency requirement have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the re- appointment and waiver of residency requirement Order read once and adopted 9 -0 Vote #252 11/26/2014 Regular Meeting Page 10 of 10 The Committee on Public Service / Committee of the whole to whom was referred the matter of Petition — National Grid /Verizon re: joint or identical Pole locations at Melvin, Shortell and Winthrop Avenues and Upland Road have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly will hold a Public Hearing on Monday November 3, 2014 at 7:50 PM in City Council Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA relative to a Petition from National Grid /Verizon for the installation of new poles at the following locations (Melvin Ave. — Shortell Ave. — Winthrop Ave. — Upland Road Order read once and adopted 9 -0 Vote Unfinished Business: Motions and Orders: Meeting Adjourned: 7:42PM Attest: Kathleen P. Connolly, CMC City Clerk 11/26/2014