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2014-12-01Regular Meeting Beverly Meeting Minutes Page 1 of 10 From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, December 15, 2014 11 :29 AM To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com Subject: Nov. 17,2014, Meeting Regular Meeting Beverly City Council 7:00 PM December 1, 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 Latter Acceptance of Minutes: Regular Meeting of November 17, 2014 Approved vote 8 -0 Public Speakers and Hearings: 7:20PM Order #241 — Joint Public Hearing Planning Board /City Council zoning change Rt.62& McKay Street Refer to Legal Affairs and Planning Board for recommendation 7:25PM Order #254 — (Continuation from 11/17 - FY 2015 Tax Levy Percentages Refer to Finance & Property 7:30PM Order #258 — 2015 — Tax Recap Documentation Refer to Finance & Property Presentations, Awards and Memorials: Communications from His Honor the Mayor: #263 December 1, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Engineering Department, has received a Sustainable Materials Recovery Targeted Small Scale Initiatives Grant from Department of Environmental Protection in the amount of $1,500. With your approval, this grant will be used to support recycling outreach and education as well as compost and recycling bins. 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 your upcoming meeting of the City Council on December 1, 2014. Thank you. Sincerely yours, Michael P. Cahill Mayor 1/21/2015 Regular Meeting Refer to Finance & Property #264 December 1, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following people to serve on the Planning Board: Ellen Flannery , 30 Conant Street, Beverly Wayne Miller, 5 Pasture Road, Beverly John Mullady, 49 Corning Street, Beverly Their terms to be effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor Refer to Legal Affairs #265 December 1, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 10 I hereby reappoint, subject to your review and recommendation Mr. William Howard, 2 Sylvester Avenue, Beverly and Ms. Maureen Trefry, 43 Glidden Street, Beverly to serve as the Commissioner of Trust Funds. Their terms to be effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor Refer to Finance & Property #266 December 1, 2014 1/21/2015 Regular Meeting Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following people to serve on the Design Review Board: Page 3 of 10 Rachel Matthews 4 Balsalm Drive Graphic Designer Karen Bebergal 17 Friend Court, Wenham Local Business Rep. Ms. Bebergal is a floral designer with Barter Brothers Flowers and Gifts. She is a downtown business owner on the Board and has extensive design experience. Because of Ms. Bebergal's long -term relationship with the downtown Beverly business community, I hereby request your Honorable Council to waive the residency requirement. Their terms to be effective until December 1, 2017. Sincerely yours, Michael P. Cahill Mayor Refer to Public Services #267 December 1, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation the following people to serve on the Beverly Airport Commission: Ralph Forgione, 30 Conant Street, #2B, Beverly Paul A. Vitale, 3 College Lane, Beverly Anthony S. Dettore, 15 Stone Street, Unit L, Beverly Peter Skerry, 4 College Lane, Beverly George Dawe, 10 Orrantia Circle, Danvers — Town of Danvers Appointee Their terms to be effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor Refer to Public Services #268 December 1, 2014 Honorable City Council City Hall 1/21/2015 Regular Meeting Beverly, MA 01915 Dear Honorable Council: Page 4 of 10 I hereby reappoint, subject to your review and recommendation Frank S. Carbone, Jr., M.D. 186 Hart Street, Beverly to serve on the Board of Health. His term to be effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor Refer to Public Sevices #269 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation Mr. Donald Neuman, 26 Washington Street, Beverly to serve on the Beverly Harbor Management Authority. His term to be effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor Refer to Public Services #270 December 1, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation Mr. Mark Casey, 16 Chapman Street, Beverly and Ms. Dorothy Bolas, 80 1 /2 Essex Street, Beverly to serve on the Parks and Recreation Committee. Their terms to be effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor 1/21/2015 Regular Meeting Refer to Public Services #271 December 1, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 5 of 10 Please see the attached letter from the City's Purchasing Department outlining the request to enter into a lease agreement exceeding 36 months. The City's mail machine is currently under lease through the end of the calendar year and will require a renewal prior to that date. As noted in the attached, after reviewing vendors and the terms contained within the State -wide contract for mail machine use and maintenance through the life of the agreement. I respectfully ask your authorization allowing the City to enter into this lease agreement. Please initiate action on this mater at your next City Council meeting, December 1, 2014. Sincerely yours, Michael P. Cahill Mayor Refer to Legal Affairs Communications from other City Officers and Boards: #272 Request for approval from City Clerk re: Renewal of 2015 Amusement Device Licenses Refer to Legal Affairs #273 Request for approval from City Clerk re: Renewal of 2015 MVDL Licenses Refer to Legal Affairs #274 Request for approval from City Clerk re: Renewal of 2015 Lodging House Licenses Refer to Legal Affairs 1/21/2015 Regular Meeting #275 Request for approval from City Clerk re: Renewal of 2015 Taxi and /or Livery Licenses Refer to Legal Affairs #276 November 26, 2014 Honorable City Council City Hall Beverly, M 01915 Dear Honorable Council: Page 6 of 10 Attached for your consideration is an order appropriating $950,000 to pay the costs of purchasing the land and buildings at 44 Cole Street, Beverly, MA, known as Camp Paradise and authorizing the City to proceed with the purchase upon certain terms and conditions as set forth in the order. Because this order needs to be acted on before the end of the calendar year as a condition of grant funding that the City plans to use for the purchase, I request that at your December 1 meeting you schedule a public hearing for December 15, 2014. Thank you for your attention to this. Sincerely, Stephanie M. Williams Refer to Finance & Property Communications, Applications and Petitions: #241- B Communication from Cummings Properties re: Order #241 Request for Superimposition of IR Overlay on 2.1 Acre Portion of Cummings Ctr.@ the corner of RT.62 and McKay St. Refer to Legal Affairs #277 Application for a Sandwich Board Sign Permit — Cost Cutters @242 Elliott St. Refer to Legal Affairs 1/21/2015 Regular Meeting Reports from Committees: #254 Page 7 of 10 The Committee on Finance & Property / Committee of the whole to whom was referred the matter of Tax Levy Percentages 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 approve the following relating to the Fiscal 2015 Tax Levy 1. Not adopt a Residential Exemption 2. Not Adopt a small Commercial Exemption 3. That the City not accept Open Space Exemptions 4. that the City adopt a 1.63 Classification shift which will result in a residential factor of 89.4733 First Passage: Nov. 3, 2014 Public Hearing: Nov. 17, 2014 continued to Dec. 1, 2014 Final Passage: Dec.1, 2014 Order read once and adopted 9 -0 Vote Motion for Reconsideration (Councilor Martin) All Councilors voting in the negative — Motion fails 9 -0 Vote #258 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of 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 approve a series of transfers and budget adjustments relative to the 2015 Tax Recap Order read once and adopted 9 -0 Vote Motion for Reconsideration (Councilor Martin) All Councilors voting in the negative — Motion fails 9 -0 Vote #263 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of request for approval of a $1,500.00 Grant from DEP have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Grant Order read once and adopted 9 -0 Vote 1/21/2015 Regular Meeting #265 Page 8 of 10 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of reappointments to the Commissioner of Trust Funds William Howard and Maureen trefry have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments Order read once and adopted 9 -0 Vote #276 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of appropriation of $950,000.00 for the purchase of Camp Paradise, 44 Cole 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 City Council of the City of Beverly hold a Public Hearing on Monday December 15, 2014 at 7: 20 PM in Council Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA. relative to the request for an appropriation of $950,000.00 for the purchase of Camp Paradise, 44 Cole St. Beverly, Ma. 01915 Per Order of the City Council: Ordered:That $950,000 is hereby appropriated to pay costs of purchasing the land and buildings located at 44 Cole Street, Beverly, Massachusetts, commonly known as "Camp Paradise," and consisting of approximately 12 acres, more or less, for public park and recreational use, including the payment of all costs incidental and related thereto, and that to meet this appropriation, (i) $100,000 shall be transferred from the Recreation Enterprise Fund balance, (ii) the Treasurer, with the approval of the Mayor, is authorized to borrow $450,000 under and pursuant to Chapter 44B of the General Laws (the Community Preservation Act), or any other enabling authority, and (iii) the Treasurer, with the approval of the Mayor, is authorized to borrow $400,000 under and pursuant to Chapter 44, Section 7(3) of the General Laws, or pursuant to any other enabling authority; provided, however, that this amount shall be reduced to the extent of any Parkland Acquisitions and Renovations for Communities (PARC) grant funds received by the City from the Executive Office of Energy and Environmental Affairs ( "EEA "). The Mayor is authorized to proceed with taking all steps necessary to purchase Camp Paradise; to file, accept and xpend grants from EEA and pursuant to the Community Preservation Act, which grants shall be applied to costs of the lrchase; and to grant a conservation restriction in accordance with M.G.L. Chapter 184 as required by Chapter 44B, section 2 to any organization qualified and willing to hold such a restriction. The grant of the conservation restriction shall be imultaneous at the closing. The property will be dedicated to public park and outdoor recreational uses under G.L. ch. 45, 1/21/2015 Regular Meeting Page 9 of 10 sec. 3 and will be protected under Article 97 of the Constitution of the Commonwealth of Massachusetts. This )rder shall take effect upon passage. Order read once and adopted 9 -0 Vote #264 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of reappointment to the Planning Board Ellen Flannery, Wayne Miller and John Mullady have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments Order read once and adopted 9 -0 Vote #271 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request for permission to enter into a lease /contract exceeding 36 months for a new mail machine 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 #266 The Committee on Public Service / Committee of the whole to whom was referred the matter of reappointment to the Design Review Board and waiver of residency requirement Rachel Matthews and Karen Bebergal have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments and waiver Order read once and adopted 9 -0 Vote #267 The Committee on Public Service / Committee of the whole to whom was referred the matter of reappointments to the Airport Commission Ralph Forgione, Paul Vitale, Anthony S. Dettore, Peter Skerry and George Dawe have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments Order read once and adopted 9 -0 Vote #268 1/21/2015 Regular Meeting Page 10 of 10 The Committee on Public Service /Committee of the whole to whom was referred the matter of reappointment to the Board of Health Frank S. Carbone, Jr. 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 #269 The Committee on Public Service /Committee of the whole to whom was referred the matter of reappointment to the Beverly Harbor Mgt. Authority Donald Neuman 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 #270 The Committee on Public Service / Committee of the whole to whom was referred the matter of reappointment to the Park and Recreation Committee Mark Casey and Dorothy Bolas 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 Unfinished Business: Final Passage: Order #233 Proposed Ordinance relative to Camping, Storage and Open Fires on Public Property: First Reading: October 6, 2014 Second Reading: Nov.17 , 2014 Final Passage: Dec.1, 2014 Motions and Orders: Meeting Adjourned: 10:55PM Attest: Kathleen P. Connolly, CMC City Clerk 1/21/2015