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2015-10-05Regular Meeting Beverly City Council 7:00 PM — Monday, October 5, 2015 Roll Call 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 Acceptance of Minutes: Monday, September 21, 2015 Vote: 9 -0 Public Speakers: 1. Nancy Nangeroni, 97 Bisson ST re: Human Rights Committee 2. Paul K. Willenbrock, 5A Clifford AV re: Human Rights Committee 3. Esther W. Ngotho, 59 Bridge ST re: Human Rights Committee 4. Dr. Megan K. DeFranza, 11 Webber AV re: Human Rights Committee Public Hearings: 7:15 PM - #461 Petition — National Grid — 1 SO Pole on Hardy & Pleasant Streets Public Hearing Held, Order #461 referred back to Public Services 7:20 PM - #428 Joint Public Hearing with the Planning Board — Request from Cummings Properties re: 50 Dunham RD, Beverly (note: Application Withdrawn — see Communications shown below) Public Hearing Cancelled, Order #428 referred back to Legal Affairs Presentations, Awards and Memorials: None Communications from His Honor the Mayor: #464 October 5, 2015 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I request your approval to use FY2016 funds toward the payment of eleven (11) prior year invoices totaling $40,317.80. The attached invoices will be paid out of the respective Departments Fiscal 2016 budget if approved. Per MGL Chapter 44 Section 64, the required certification has been filed with the City Auditor. I kindly request your approval to resolve these matters. Thank you for your consideration. Sincerely yours, Michael P. Cahill Mayor Refer to Finance & Property #465 October 5, 2015 Honorable City Council City Hall Beverly, MA 01915 RE: Proposed name change for the Beverly Municipal Airport 7 Dear Honorable City Council: At the request of Planning Director, Aaron Clausen, I respectfully submit the attached request to change the name of the Beverly Municipal Airport to Beverly Regional Airport. Please feel free to contact Aaron or Bob Mezzetti, Beverly Airport Manager, directly to answer any questions you might have relative to the request. Sincerely yours, Michael P. Cahill Mayor cc: Aaron Clausen, Planning Director Refer to Public Services #466 October 1, 2015 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully ask for your authorization allowing the City of Beverly, on behalf of the Library, to enter into an equipment lease agreement with Wells Fargo Financial Leasing, Inc. for a laser fiche system and services from Kyocera Document Solutions New England for a term of sixty months at a cost of $585.00 per month. Please see the attached memorandum from Library Director, Patricia Cirone, requesting permission to enter into such lease agreement (a copy of which is attached). Since the lease term exceeds 36 months, City Council approval is necessary. A proposed order is also enclosed. Please initiate action on this matter at your next City Council meeting, October 6, 2015. Sincerely yours, Michael P. Cahill Mayor Refer to Finance & Property Communications from other City Officers and Boards: #467 Paul Guanci, President October 1, 2015 Beverly City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: Community Preservation Committee Second 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 second round of project applications for the Community Preservation Act funding. The CPC, with the valuable assistance from the City Finance and Planning Departments, has worked to perform its due diligence in evaluating this second round of applications and is pleased to submit the enclosed recommendations. All recommended projects are subject to the terms and conditions imposed by the Community Preservation Committee through anticipated Grant Agreements or Memorandums of Understanding. The following conditions are common to all recommended projects: 1. Projects financed with Community Preservation Act funds must comply with all applicable State and municipal requirements. CPA funds are administered and disbursed by the City of Beverly. 2. Project oversight, monitoring, and financial control are the responsibility of the CPC or its designee, or as required in project Memorandums of Understanding /Agreement 3. 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. 4. 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. 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 Marilyn McCrory, Open Space & Recreation Committee Representative Robert Buchsbaum, Conservation Commission Representative Thomas Bussone, II, Housing Authority Representative Henry Pizzo, Parks & Recreation Commission Representative John Thomson, Planning Board Representative Darien Crimmin, At -Large Representative John Paddol, At -Large Representative Heather Richter, At -Large Representative Attachments Cc: Michael Cahill, Mayor Bryant Ayles, Finance Director Stephanie Williams, City Solicitor Aaron Clausen, Planning Director File Summary Chart Beverly_ Community Preservation Committee Recommendations For CPA Funding Round #2, FY2016 0 CPC APPLICANT PROJECT CPA RECOMMENDED Project DESCRIPTION CATEGORY AMOUNT R2 -1 Beverly Housing Authority Roof Community $100,710.00 Replacement Housing R2 -2 Beverly Historical Society Hale House Historic $180,000.00 Exterior Restoration R2 -3 City of Beverly Clerk's Office Historic Records Historic $25,000.00 Conservation R2 -4 Beverly Golf & Tennis Design costs for Historic $47,000.00 Commission ADA upgrades to BG &T Clubhouse 2 " floor bathrooms and g reat room doors R2 -5 Ward 2 Civic Association GAR Hall Historic $24,000.00 feasibility study /architectural analysis R2 -6 Ayers PTO Greens Hill trail Recreation $20,000.00 improvements R2 -7 Beverly Recreation Department Lynch Park ADA Recreation $20,000.00 path and beach chairs R2 -8 Beverly Recreation Department Dane Street Recreation $15,000.00 beach ADA path and beach chairs R2 -9 Beverly Recreation Department Dane Street Recreation $60,000.00 beach playground structure R2 -11 Beverly Recreation Department Kimball - Haskell Recreation $100,000.00 (Cove) Park tennis court replacement TOTAL RECOMMENDED FY16 $591,710.00 Project Descriptions & Summaries for each Recommendation CPC PROJECT NO. R2 -1 Project Title: Simon Street and Memorial Drive Family Housing Roof Replacement Project Applicant: Beverly Housing Authority The Community Preservation Committee recommends the appropriation of $100,710.00 to the Beverly Housing Authority for the purpose of the removal of old and deteriorating roof material and replacement with a 50 -year shingle roof along with new gutters and downspouts on three duplex units located at 24/24A Simon Street, 13/14 Memorial Drive and 15/16 Memorial Drive. The Community Preservation Act spending purpose is to preserve and protect a community housing asset from injury, harm or destruction. CPC PROJECT NO. R2 -2 Project Title: Hale House Exterior Restoration Applicant: Beverly Historical Society The Community Preservation Committee recommends the appropriation of $180,000.00 to the Beverly Historical Society for the purpose of restoring and preserving exterior features of the Hale House, including window, sill and trim repairs, front door restoration, repair, replacement and painting of clapboards, and gutter replacement. The 10 Community Preservation Act spending purpose is to preserve a historic asset from injury, harm or destruction and restoring same by making extraordinary capital repairs to make the building functional for its intended use. CPC PROJECT NO. R2 -3 Project Title: Beverly City Hall Historic Records Conservation Project Applicant: City of Beverly Clerk's Office The Community Preservation Committee recommends the appropriation of $25,000.00 to the City of Beverly Clerk's Office for the purpose of preserving a historic asset by de- acidification and conservation of at -risk municipal documents. The Community Preservation Act spending purpose is to preserve an historic resource from injury, harm or destruction. CPC PROJECT NO. R24 Project Title: Preservation of the Beverly Golf and Tennis Clubhouse Applicant: Beverly Golf and Tennis Commission The Community Preservation Committee recommends the appropriation of $47,000.00 to the Beverly Golf and Tennis Commission for the purpose of funding design, bidding and approval costs for ADA upgrades to the 2nd floor bathrooms and great room doors. The Community Preservation Act spending purpose is to rehabilitate a historic resource by making extraordinary capital improvements to make the building functional for its intended use. CPC PROJECT NO. R2 -5 Project Title: Feasibility Study /Architectural Analysis for Preservation and Rehabilitation of GAR Hall Applicant: Ward 2 Civic Association The Community Preservation Committee recommends the appropriation of $24,000.00 to the Ward 2 Civic Association c/o the City of Beverly for the purpose of preserving an historic asset by performing a feasibility study and an architectural analysis that will guide historically sensitive restoration and rehabilitation of the building and ensure compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. The Community Preservation Act spending purpose is to preserve an historic resource. CPC PROJECT NO. R2 -6 Project Title: Greens Hill trail and Water Access Improvements Applicant: Ayers PTO The Community Preservation Committee recommends the appropriation of $20,000.00 to the Ayers PTO c/o the City of Beverly for the purpose of performing trail improvements and construct a boardwalk to connect trails and provide waterfront access. The Community Preservation Act spending purpose is to rehabilitate recreational land to make it functional for its intended use. CPC PROJECT NO. R2 -7 Project Title: ADA Accessible Path & Beach Chairs @ Lynch Park Applicant: City of Beverly c/o Recreation Department The Community Preservation Committee recommends the appropriation of $20,000.00 to the City of Beverly for the purpose of purchasing ADA beach chairs and creating an ADA accessible pathway for said beach chairs, thereby increasing and improving 11 accessibility to the beach and waterfront.. The Community Preservation Act spending purpose is to rehabilitate recreational land to make them functional for its intended use. CPC PROJECT NO. R2 -8 Project Title: ADA Accessible Path & Beach Chairs @ Lyons Park (Dane Street Beach) Applicant: City of Beverly c/o Recreation Department The Community Preservation Committee recommends the appropriation of $15,000.00 to the City of Beverly for the purpose of purchasing ADA beach chairs and creating an ADA accessible pathway for said beach chairs, thereby increasing and improving accessibility to the beach and waterfront.. The Community Preservation Act spending purpose is to rehabilitate recreational land to make them functional for its intended use. CPC PROJECT NO. R2 -9 Project Title: Dane Street Beach Playground Structure Applicant: City of Beverly c/o Recreation Department The Community Preservation Committee recommends the appropriation of $60,000.00 to the City of Beverly, for the purpose of constructing a new play structure at Dane Street Beach. The Community Preservation Act spending purpose is to rehabilitate recreational land to make it functional for its intended use. CPC PROJECT NO. R2 -11 Project Title: New Tennis Courts @ Kimball - Haskell (Cove) Park Applicant: City of Beverly c/o Recreation Department The Community Preservation Committee recommends the appropriation of $100,000.00 to the City of Beverly, for the purpose of replacing existing tennis courts with new courts, reconstruction of the retaining wall and installation of new fencing. The Community Preservation Act spending purpose is to make capital improvements to rehabilitate recreational land to make it functional for its intended use. Refer to Finance & Property Monday, 5 October 2015 Honorable City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Attached for your consideration and immediate action is the Warrant For Election for the Biennial Municipal Election scheduled for Tuesday, 3 November 2015 from 7:00 AM to 8:00 PM. Please take action on this at your next regularly scheduled Council Meeting. Respectfully submitted, D. Wesley Slate, Jr. City Clerk Encl. 12 CITY OF BEVERLY, MASSACHUSETTS CALL FOR ELECTION To the City Councilors of the City of Beverly, GREETINGS: In the name of the City of Beverly you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries and Elections to vote at the following locations: One Mayor for a term of two years. Three Councilors at Large for a term of two years One Councilor for Ward One for a term of two years. One Councilor for Ward Two for a term of two years. One Councilor for Ward Three for a term of two years One Councilor for Ward Four for a term of two years. One Councilor for Ward Five for a term of two years. One Councilor for Ward Six for a term of two years. One School Committee person from Ward One for a term of two years One School Committee person from Ward Two for a term of two years One School Committee person from Ward Three for a term of two years One School Committee person from Ward Four for a term of two years One School Committee person from Ward Five for a term of two years One School Committee person from Ward Six for a term of two years The meetings of the qualified voters of the City of Beverly, for the purpose of electing the above officials, shall be held on Tuesday, November 3, 2015 (Regular General City Election). The polls at such meetings shall be opened at seven o'clock in the morning and shall be closed at eight o'clock in the evening. Be it further ordered: That in accordance with the provisions of Chapter 54, Section 24, of M. G.L. and amendments thereto, the following locations are hereby designated by the City Council as Polling Places for the City Election of Tuesday, November 3, 2015. Ward 1, Precinct 1, Ayers -Ryal Side School, 40 Woodland Avenue Ward 1, Precinct 2, Ayers -Ryal Side School, 40 Woodland Avenue Ward 2, Precinct 1, Beverly Public Library, Winter Street Entrance Ward 2, Precinct 2, Beverly Public Library, Winter Street Entrance Ward 3, Precinct 1 McKeown Elementary School, 70 Balch Street Ward 3, Precinct 2, McKeown Elementary School, 70 Balch Street Ward 4, Precinct 1, Cove Elementary School, 20 Eisenhower Avenue Ward 4, Precinct 2, Cove Elementary School, 20 Eisenhower Avenue Ward 5, Precinct 1, North Beverly Elementary School, 48 Putnam Street Ward 5, Precinct 2, North Beverly Elementary School, 48 Putnam Street Ward 6, Precinct 1, Centerville Elementary School, 17 Hull Street Ward 6, Precinct 2, Centerville Elementary School, 17 Hull Street D. Wesley Slate, Jr. City Clerk Order read once & adopted. Vote: 9 -0 Communications, Applications and Petitions: #469 Petition — National Grid — locate underground conduits @ Virginia Avenue & Kathleen DR Refer to Public Services #470 13 Petition — National Grid & Verizon — locate 1 JO Pole @ Goat Hill Lane & Summit Avenue Refer to Public Services #471 Application for an Automatic Amusement Device License (Pool Table) — Pickled Onion, 355 Rantoul Street Refer to Legal Affairs #472 Communication from Roy Gelineau, Jr., 19 Goldsmith Avenue, Beverly, re: #428 — Cummings Properties Request Receive and Place on File — Vote 9 -0. #428A Communication from Cummings Properties re: Withdrawal of Request on 50 Dunham Road ( #428 — Joint Public Hearing) Receive and Place on File — Vote 9 -0. #473 Communication from Dr. Stephen D. Immerman, President, Montserrat College of Art re Human Rights Committee Receive and Place on File — Vote 9 -0. Reports from Committees: #454A The Committee on Finance and Property /Committee of the Whole to whom was referred to matter of Reappointment — Alice Burns & Kathy Doane — Trustees of the David Lynch Public Parks Fund, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments. Order read once and adopted. Vote: 9 -0. #455 The Committee on Finance and Property /Committee of the Whole to whom was referred to matter of Appointment — Mark Casey — Trustees of the David Lynch Public Parks Fund, have considered said matter and beg leave to report as follows, to wit: 14 Recommend the Council approve the Appointment. Order read once and adopted. Vote: 9 -0. #456 The Committee on Finance & Property /Committee of the Whole to whom was referred to matter of Appointments — Walt Kosmowski & Maureen Hobin as Greater Beverly Chamber of Commerce Representatives to the Economic & Community Development Council ( "ECDC "), have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments. Order read once and adopted. Vote: 9 -0. #464 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of communication from the Mayor re Payment of Past Years' Invoices have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the amended request (amended to read "ten (10)" rather than "eleven (11)" and to read "$40,013.30" rather than "40,317.80 "). Order read once and adopted. Vote: 9 -0. #466 The Committee on Finance & Property /Committee of the Whole to whom was referred to matter of communication from the Mayor re request for approval of Multiple -Year Lease for a Laser Fiche System at the Beverly Public Library, 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 enter into an equipment lease agreement with Wells Fargo Financial Leasing, Inc. for the purchase of a laserfiche system and services from Kyocera Document Solutions New England for a term of sixty months at a cost of $585.00 per month. Order read once and adopted. Vote: 9 -0. #467 The Committee on Finance & Property /Committee of the Whole to whom was referred to matter request from the Community Preservation Committee ( "CPC ") re Second Round CPA Project Funding Recommendation, 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, October 19, 2015 at 7:30 PM in City Hall Council Chambers, 3r Floor, 191 Cabot Street, Beverly, MA relative to a request from the Community Preservation Committee ( "CPC ") concerning Second Round CPA Project Funding Recommendations. 15 Order read once and adopted. Vote: 9 -0. #406 The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter of the request from the City Solicitor re: An Ordinance enacting an Ordinance entitled "Dog Kennel Licensing and Fees ", 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 fifteen An ordinance enacting an ordinance entitled Dog Kennel Licensing and Fees. Be it ordained by the City Council of the City of Beverly as follows: By amending Article X, Section (d) entitled Dogs and Cats of the revised Ordinances of the City of Beverly by adding the following new subsection (iii):_ (iii) Dog Kennel Licensing and Fees. The City Clerk is the licensing authority for any dog kennel or daycare sheltering more than three (3) dogs at any given time and for any duration. Any person operating such a kennel shall apply to the City Clerk for a license and shall be subject to the following fee schedule for new licenses and for renewals: 4 dogs - $30 5 -10 dogs - $50 10 or more $100 The City Clerk shall issue a license under this section only after the kennel has been inspected by the Animal Control Officer in both the case of a new license and a renewal. Kennel licenses must be renewed every June. Kennels subject to this section must be in compliance with all state laws in their handling of licensed and unlicensed dogs and in their operation in order to maintain a kennel license. State Law References: M.G. L. c. 140 §§ 137A -137D Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. Ordinance to take effect upon Final Passage. First Reading: July 7, 2015 Second Reading: October 19, 2015 Final Passage: October 19, 2015 Order read once and adopted. Vote: 9 -0. #428 The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter of the request from Cummings Properties re: Proposed change in Zoning classification from IR to IR Overlay for 53.72 Acre Parcel at 50 Dunham 16 Road, Beverly, Assessor's Parcel ID 69 -2, have considered said matter and beg leave to report as follows, to wit: Receive and place on file. Order read once and adopted. Vote: 9 -0. #453 The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter communication from Councilor Rand re: Ordinance to establish a Human Rights Committee, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That in the year 2015 an Ordinance creating an Ordinance to establish the Human Rights Committee: Article VII (Multiple Member Bodies) Section 7.49 Human Rights Committee (a) Establishment, Composition There is hereby established a Human Rights Committee. This Committee shall consist of eleven (11) members, with at least three members who have demonstrated knowledge of and /or experience with addressing matters of human and civil rights. The Committee shall also include one member from the city administration and one member from the School Department. Members of the Committee serve without compensation and shall be appointed by the Mayor, subject to confirmation by the City Council for a term of three years and a maximum term limit of six (6) consecutive years. The members first appointed shall have staggered terms. The initial appointments of fewer than three years, for purposes of staggering the terms, shall not count towards the six consecutive year term limit. The members of the committee shall be citizens of Beverly and shall, so far as practicable, be so selected as to provide broad representation from the fields of advocacy, business, education, labor, law, law enforcement, public health and religion. Members may be removed in accordance with the provisions of the City Charter. (b) Purpose The Committee shall actively seek to enhance equal justice, inclusivity, and human rights for all members of our community. (i.) The Committee serves as a resource to the City of Beverly and the public. The Committee may provide education and support on human rights, diversity, and inclusivity with the goal of raising awareness and sensitivity to matters of human and civil rights. (ii.) The Committee may provide the public with contacts to agents of the Massachusetts Commission Against Discrimination or other appropriate federal, state, and local agencies. (iii.) The Committee shall meet a minimum of four times each year. (iv.) The Committee may conduct ongoing campaigns and host free public events each year to facilitate public education on diversity, discrimination and inclusive community building as relevant to Beverly. (v.) The Committee shall not operate as an adjudicatory body. Ordinance to take effect upon Final Passage. 17 First Reading: September 15, 2015 Second Reading: October 5, 2015 Final Passage: October 19, 2015 Order read once and adopted. Vote: 9 -0. #453A The Committee on Legal Affairs /Committee of the Whole to whom was referred to matter communication from the Mayor re: Support for the establishment of the Human Rights Committee Ordinance, have considered said matter and beg leave to report as follows, to wit: Receive and place on file. Order read once and adopted. Vote: 9 -0. #471 The Committee on Legal Affairs /Committee of the Whole to whom was referred request from the Pickled Onion, 355 Rantoul St to add 1 Valley 8 Pool table (coin operated) to their existing Automatic Amusement Device License, have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted. Order read once and adopted. Vote: 9 -0. #469 The Committee on Public Services /Committee of the Whole to whom was referred to matter of Petition from National Grid — request for permission to locate underground conduits at the intersection of Virginia Avenue and Kathleen Drive, 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 October 19, 2015 at 7:20 PM in City Council Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA relative to a Petition from National Grid regarding - request for the installation of underground conduits at the intersection of Virginia Avenue and Kathleen Drive. Order read once and adopted. Vote: 9 -0. #470 The Committee on Public Services /Committee of the Whole to whom was referred to matter of Petition from National Grid — request for permission to locate 1 JO Pole at intersection of Goat Hill Lane and Summit Avenue, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: IV Ordered: That the City Council of the City of Beverly will hold a Public Hearing on Monday October 19, 2015 at 7:25 PM in City Council Chambers, third floor of City Hall, 191 Cabot Street, Beverly, MA relative to a Petition from National Grid — request for permission to locate 1 JO Pole at intersection of Goat Hill Lane and Summit Avenue. Order read once and adopted. Vote: 9 -0. Unfinished Business: none Final Passage: none Motions and Orders: none Meeting Adjourned 8:10 PM Attest: D. Wesley Slate, Jr. City Clerk 19