Loading...
2011-11-07Special Meeting Beverly Meeting Minutes Page 1 of 11 From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, December 05, 2011 6 :37 PM To: mcahill @beverlyma.gov; pgrimes @beverlyma.gov; pguanci @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; khobin @beverlyma.gov; Don Martin; Judith A. Cronin; minutes @beverlyma.gov Subject: 9/19/2011 Meeting Regular Meeting Beverly City Council 7:00 PM November 7, 2011 Roll Call: COUI1CIIOrS Present: Judith A. Cronin, Kevin Hobin, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Michael P. Cahill, Paul M. Guanci, Donald Martin, Patricia Grimes Pledge of Allegiance to the Flag: Councilor Latter Public Speakers: Estelle Rand RE: Farmers Market Public Hearings: 7:20 PM National Grid (South Hardy St.) 7:25 PM National Grid (Michael Road) Communications from His Honor the Mayor: #187 November 7, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Rachel Matthews, 60 Rantoul Street, Unit 602, Beverly, MA 01915 to serve as a member on the Design Review Board. Her term to be effective until December 1, 2014. Very truly yours, William F. Scanlon, Jr. Mayor 12/8/2011 Special Meeting Refer to Legal Affairs #188 November 7, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 11 I hereby reappoint, subject to your review and recommendation the following citizens to serve as members on the Design Review Board: Colleen Bruce 19 Cedarcrest Avenue, Salem William Finch 50 Front Street, Beverly I request your Honorable Council grant a waiver of the residency requirement for Ms. Bruce. Ms. Bruce has strong ties to Beverly, and her knowledge and expertise are valuable assets to the DRB. Their terms to be effective until December 1, 2014. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #189 November 7, 2011 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Donald R. Famico, 24 Proctor Street, Salem, MA 01970 to serve as Constable in the City of Beverly for the express purpose of serving 12/8/2011 Special Meeting Civil Process. Page 3 of 11 Attached is Mr. Famico's application for appointment, which has been approved by Police Chief Mark Ray. Mr. Famico's term will be effective until September 30, 2014. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #190 November 7, 2011 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, MA 01915 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Ms. Cicci's application for appointment, which has been approved by Police Chief Mark Ray. Mr. Cicci's term will be effective until October 31, 2014. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #191 November 4, 2011 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: UPDATE ON CITY'S EFFORTS TO BE DESIGNATED A GREEN COMMUNITY Dear Members of the Council: 12/8/2011 Special Meeting Page 4 of 11 I am pleased to update you on our progress toward getting Beverly designated as a "Green Community ", in accordance with M.G.L. Chapter 25A, Section 10. Such designation would make the City of Beverly eligible to apply for certain grant monies from the Department of Energy Resources for energy - related initiatives. As you know, the City received an in -kind grant last Fall which provided us with the consulting services needed to create an action plan to become a "Green Community ". The plan identified the steps the City needed to take in order to become a "Green Community": • Voluntary adoption of the State's "Stretch Energy" Code which creates higher standards for some aspects of building construction that impact energy efficiency; • Zoning which allows for the "by- right" siting of manufacturing and research/development facilities associated with alternative or renewable energy - related products and the capacity (in vacant land or vacant buildings) to support at least one (1) 50,000 sq. ft. facility for such use(s); • Adoption of a policy to buy fuel efficient vehicles for those not excepted; and • Assessment of current energy use in municipal buildings and facilities, adoption of benchmarks for energy consumption and creation of a plan to reduce that consumption by 20% within five (5) years. Beverly City Council November 4, 2011 Page two At my request, the Beverly City Council adopted the "Stretch Energy" Code and amended the language of the IR zoning district to address part of the zoning criterion this past Spring. Since that time, several individuals (Eric Barber and Sean Ciancarelli from Engineering, Purchasing Agent David Gelineau and Planning Director Tina Cassidy) have been working on the remaining criteria and are currently finalizing a formal application for designation as a Green Community. We intend to submit the application to the Department of Energy Resources by next Friday, November 18, 2011. Assuming favorable State action on that application, the City would be eligible to participate in DOER's Winter 2012 Grant Program, applications for which will be due on January 20, 2012. Please feel free to speak to me or to City Planner Tina Cassidy if you have any questions relative to this matter. Very Truly Yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs Communications from other City Offices: 12/8/2011 Special Meeting #192 Communication from Finance Director John Dunn re: Public Hearing for FY 2012 Tax Levy Percentage Refer to Finance & Property Communications, Applications and Petitions: # 193 Application Hawkers &Peddlers License (Henry Holdsworth) 293 Concord Ave. Gloucester, MA Refer to Legal Affairs # 194 Renewal application (Sandwich Board Sign) Beverly Holistic Health Refer to Legal Affairs Reports from Committees: #173 Page 5 of 11 The Committee on Finance and Property to whom was referred the matter of Application package for the State's EDIP on behalf of Cell Signaling Technologies and drafted (TIF Agreement) 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 Adopt the draft Order authorizing the creation of an Economic Opportunity Area; Adopt the attached Tax Increment Financing Plan and Zone; and Authorize execution of drafted Tax Increment Financing Agreement with Cell Signaling Technologies, Inc. and submission of the CST EDIP package to the State's Economic Assistance Coordinating Council. Order read once and adopted 9 -0 Vote #160 The Committee on Legal Affairs to whom was referred the matter of order Councilor Troubetaris re: No parking on one side of Kathleen Drive have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the amended order pre recommendation from Parking &Traffic Commission (No Parking both sides) 12/8/2011 Special Meeting Page 6 of 11 Order read once and adopted 9 -0 Vote #161 - A The Committee on Legal Affairs to whom was referred the matter of recommendations from Parking & Traffic Commission relative to the no parking on one side of Kathleen Drive. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9 -0 Vote #174 The Committee on Legal Affairs to whom was referred the matter of Communication from Parking & Traffic Commission re: Taxi & Livery Licenses have considered said matter and beg leave to report as follows, to wit: Receive and place on file Order read once and adopted 9 -0 Vote #183 The Committee on Legal Affairs to whom was referred the matter of DEP Waterways License Application — R& C Glazier, Cove Ave. (Bass River) - have considered said matter and beg leave to report as follows, to wit: Receive and place on file Order read once and adopted 9 -0 Vote #185 The Committee on Legal Affairs to whom was referred the matter of Ward II Appointment to Open Space & Recreation Marilyn McCrory, 2 Lovett St. 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 • i• The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order: Councilor Hobin Amendment of Ordinance Sec. 13, article III — Taxicabs & Liveries have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption: 12/8/2011 Special Meeting Page 7 of 11 In the year two thousand and Eleven An Ordinance amending an Ordinance entitled Sec. 13 ARTICLE III. HACKNEY CARRIAGES AND TAXICABS AND Sec 13. ARTICLE IV. LIMOUSINES Be it ordained by the city council of the city of Beverly that the Revised Ordinances of the City of Beverly be amended as follows: By deleting all of Sec. 13. ARTICLE III. HACKNEY CARRIAGES AND TAXICABS AND SEC. 13 ARTICLE IV LIMOUSINES And replacing with a new Sec. 13 ARTICLE III. TAXICABS AND LIVERIES to read Sec. 13 -76. Definitions a. Beverly Police Officer: An individual appointed by the Police Chief to carry out the functions of the Beverly Police Department, including but not limited to, the preservation of the public peace, the protection of life and property, the prevention of crime, the arrest and prosecution of violators of the law, the property enforcement of all laws and ordinances and the effective delivery of police services. b. Chief of Police or his designee shall mean the Police Chief or a person or persons designated by him who holds the rank of Sergeant or above in the Beverly Police Department and is assigned by the Police Chief to oversee the regulation of Taxis and Liveries. c. Licensed Driver: A person, also referred to as a "Driver ", granted a license by the Chief of Police to operate a Taxi or Livery. d. Medallion a /k/a Vehicle License: The License issued by the City Council permitting a single, identified vehicle to be used as a taxi or livery. e. Medallion Owner a /k/a Licensed Owner: An individual, also referred to as an "Owner" or "Vehicle Owner" who has been deemed a suitable individual by the City Council to own a Taxi Medallion and who has been issued one or more medallions. f. Livery: A passenger motor vehicle bearing a livery registration issued by the Registry of Motor Vehicles and that is hired for general passenger- carrying use. The services provided by this type of vehicle may be secured only by request made to a dispatcher no less than two (2) hours before pickup of passengers within the City of Beverly or under a standing contract /agreement to provide transportation services from time to time. g. Police Chief: An individual appointed by the Mayor of the City of Beverly who commands the Beverly Police Department and has powers over licenses granted by such Department. h. Taxi: A private passenger motor vehicle bearing a Taxi Registration issued by the Registry of Motor Vehicles, and that is hired for general passenger- carrying use, and is equipped with a taximeter. The service provided by this type of vehicle may be secured by a call to a dispatcher without restriction as to time or may be "hailed" on any public way within the City. i. Way or Public Way: Any public way or private way laid out for public use, any way dedicated to public use, or any place to which the public has a right of access as invitees or licensees. Sec. 13 -77. Licenses Required. a. Each vehicle operated as a taxi or livery in Beverly must be duly licensed by the City Council. The City Council may issue grant upon condition, withhold or revoke any such license at its discretion. 12/8/2011 Special Meeting Page 8 of 11 b. Each vehicle license (medallion) shall expire on the first business day of January each year. c. Each operator /driver of a taxi or livery shall obtain an operator's license from the Chief of Police or his designee. The Chief of Police or his designees shall only issue operator's licenses to persons eighteen (18) years of age or older they, in their singular discretion, deem appropriate persons to operate such vehicle. Such licenses and their issuance shall be subject to the following: (1) Possession of valid Massachusetts' driver's license required. Any person who wishes to obtain a temporary or permanent taxicab license must first possess a valid Massachusetts driver's license. (2) Outstanding fines. No taxicab driver's license shall be issued to any applicant who owes outstanding fines for parking tickets, excise taxes, or any other fines that would cause that person's Massachusetts' driver's license to be placed in a status of nonrenewable, until all matters have been cleared by the Registry of Motor Vehicles. (3) License. Persons who wish to be employed as taxicab drivers shall first obtain a license. A license may be issued after the Chief of Police, or designee, has investigated the applicant thereof and reviewed his record from the board of probation and conducted a personal interview. Such license may be granted to suitable persons by the Chief of Police or his designee. (4) Background investigation. All applicants for a Hackney Carriage, Taxi, Livery or Limousine license shall first be subject to a background investigation to determine suitability for the position. (5) Record of service. All operators of vehicles licensed under this section shall maintain with the vehicle a record of calls for service indicating the date and time of pickup and drop -off, the starting point and destination of the passenger. The operator of the vehicle shall offer for inspection said record forthwith upon demand from any Beverly police officer. Such operator's records shall be maintained and preserved by the medallion owner for a period of ninety days and shall be subject to inspection by and made accessible to the Chief of Police or his designee at his /their request. (6) No driver under this section shall pick up or initiate a conveyance for hire unless they are issued a license to do so by the City of Beverly (7) Revocation. Any driver found in violation of any of the provisions of this ordinance and after a hearing by the Chief of Police or his Designee on the alleged violation shall be subject to a fine of fifty dollars ($50.00) and his license to operate shall be revoked at the discretion of the Chief of Police. (8) The Chief of Police may, but shall not be required to establish additional guidelines for the issuance of operator's licenses. Sec. 13 -78. Taxi Licenses /Medallions All taxi licenses /medallions shall be subject to the following: (a) One off - street parking space shall be required per license granted. (b) Each parking space for each vehicle shall be a minimum of nine (9) feet in width by eighteen (18) feet in length, or the length and width of the vehicle licensed, whichever is greater. (c) The applicant's principal place of business for the licensed activity along with the telephone number and mailing address (other than Post Office box rental) shall be the same address. (d) The applicant shall provide the City Council with a Certificate of Insurance in the amount of one million ($1,000,000.00) dollars, which must include a statement of the insurance company indicating that the policy shall not be cancelled without a minimum fourteen (14) days notice to the City Council or City Clerk. (e) All taxi vehicles must be safe and clean. (f) All taxi vehicles shall be conspicuously marked as a taxi, and include the name of the medallion owner on each side in letters not less than two (2) inches high and further must have an illuminated sign on the roof for use during hours of darkness indicating that such vehicle is a taxi. (g) The name of the owner and the name of the driver, his address, together with a picture of the driver as well as a schedule of rates as set by the Ordinance shall be posted conspicuously in every such vehicle. 12/8/2011 Special Meeting Page 9 of 11 (h) Each taxi shall be equipped with an operational taximeter capable of calculating separate fares for at lease four passengers simultaneously. (i) It shall be the duty of every medallion owner operating a taxi, and also the driver thereof, to keep the taximeter operating at all times within such standard of accuracy as may be prescribed from time to time by the sealer of weights and measures of the City of Beverly. Any taxi operating without a taximeter, sealed and inspected by the sealer of weights and measures, shall be in violation of this section. (j) Every taximeter shall be inspected and tested for accuracy by the sealer of weights and measures at least once every twelve (12) months. Upon the completion of the inspection and of any adjustments necessary to cause the taximeter to operate within the standards of accuracy approved by the sealer of weights and measures, the sealer of weights and measures shall cause to be placed upon the meter a seal or other device with the date of inspection and any other information that he may require. (k) In addition to subsection (10), every taximeter shall be subject to inspection at any time by the sealer of weights and measures. Upon discovery of any inaccuracy of the taximeter, the operator shall remove, or cause to be removed from service, the vehicle equipped with the taximeter until the taximeter has been repaired and the accuracy attested to by the sealer of weights and measures. Sec. 13 -79. Livery Licenses (1) No person shall set up, use or drive any livery for the purpose for hire within the City, without a license for such livery from the City Council. (2) All licenses granted under this article shall expire on the first day of January in the year following the date of the license and no license shall be sold, assigned or transferred without the approval of the City Council and the appropriate transfer fee. The City Council may issue, issue with conditions, or revoke all such licenses so granted at its sole discretion. (3) The applicant shall provide the City Council with a Certificate of Insurance in the amount of one million ($1,000,000.00) dollars which must include a statement of the insurance company indicating that the policy shall not be cancelled without a minimum fourteen (14) days notice to the City Council or City Clerk. (4) All livery vehicles must be safe and clean. Sec. 13 -80. Rates - -Taxis (a) The minimum and maximum rates of fares to be charged by taxis licensed in the provisions of this Ordinance shall be as follows: (1) For six - tenths of one mile or fraction thereof $4.00 (2) For each additional l /fifth mile $0.25 (3) For each additional passenger over two $0.50 (b) Any person fifty -nine (59) years of age or older, with proper identification of same, shall receive a discount of twenty (20) percent from the amount registered on the taximeter. (c) The fixed rate for waiting time shall be twenty dollars ($20.00) per hour, five dollars ($5.00) for every fifteen (15) minutes or portion thereof. Waiting time shall mean the time consumed while the taxicab is not in motion at the direction of the passenger, provided, however, no charge shall be made for time lost through traffic interruptions or for delays caused by the inefficiency of the taxicab or its driver. Sec. 13 -81. Rates -- Liveries Fees for livery services must be fair and reasonable. The charging of unfair or unreasonable fees may result in revocation of a livery license. Sec. 13 -82 General Regulations 12/8/2011 Special Meeting Page 10 of 11 (a) Any operator licensed according to the provisions of this article shall at all times conduct himself/herself in a courteous manner. Use of indecent, profane or insulting language toward any person is prohibited. Every driver shall be suitably dressed, neat and clean in appearance. (b) No operator of any taxi licenses under this article shall refuse to carry any person offering himself/herself to be carried as a passenger therein unless the seats of same are fully occupied, unless such person is intoxicated or disorderly, or the operator of the taxi has good cause to believe that such person is acting in an unlawful manner. (c) Operators of taxis and liveries shall obey all laws, and ordinances, rules and regulations, and rules of the road pertaining to the operation of vehicles on public ways. (d) Operators of taxis and liveries shall not use tobacco products or consume alcoholic beverages while operating said vehicles. (e) No operator of a taxi shall park or permit such vehicles to stand for hire in any place other than the taxi stands designated by the City from time to time. No livery shall stand or park in any space designated a taxi stand. Sec. 13 -83. Inspections (a) All taxis and liveries may be, and are subject to, inspection by the Chief of Police or his designee once each quarter or at any time upon reason to believe that such vehicle is not being operated and /or maintained in compliance with this ARTICLE III. (b) Failure to submit to such inspection shall be cause for the immediate revocation of by the Chief of Police or his designee of the vehicle license /medallion issued to such vehicle. Appeals of such action by the Chief of Police or his designee shall be made to the City Council. (c) Until such time as such appeal is heard by the City Council, such license shall remain revoked. Nothing in this section shall prohibit the Chief of Police or his designee from restoring a vehicle license /medallion before such appeal is heard by the City Council. IP('_ 1 -R4_ FPPC (a) Anon - refundable fee of $10 shall be paid to the City of Beverly at the time of initial application and any subsequent re- application to the Chief of Police for an operator's license. (b) A fee of $50 shall be paid to the City of Beverly at the time of issuance of any medallion/taxi license /livery license approved by the City Council. Sec. 13-85. Violations Any violation of the provisions of this ARTICLE III shall subject the offender to a fine of $300.00 and may result in the revocation of any operator's, taxi, or livery license previously issued by the Chief of Police or City Council. Order read once and adopted 9 -0 Vote First Reading: October 17, 2011 Second Reading: November 7, 2011 Advertise and held for final passage November 21, 2011 Unfinished Business: 12/8/2011 Special Meeting Motions and Orders: #195 Order: Councilor Guanci —Stop sign at Birchwood and Spruce Run Refer to Legal Affairs and Parking & Traffic #196 Order: Councilor Guanci —Stop sign at Driscoll LN. and Kennel Hill Dr. Refer to Legal Affairs and Parking & Traffic #197 Order Councilor Slate — to rescind Order # 176 (request for a Handicap sign @ 9 South Hardy St. Refer to Legal Affairs Final Passage: Order # 141 Review of Ordinances Meeting adjourned: 8:05PM Attest: Kathleen P. Connolly, CIVIC City Clerk Page 11 of 11 12/8/2011