2013-05-06Regular Meeting
Page 1 of 10
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Wednesday, May 15, 2013 2:43 PM
To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov;
mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don
Martin; Brett Schetzsle; minutes @beverlyma.gov
Subject: 5 -6 -2013 Reg Meeting.doc
Regular Meeting
Beverly City Council 7:00 PM Monday, May 6, 2013
Roll Call: Councilors P. Guanci, D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr.,
Maureen Troubetaris, Jason Silva. Absent Brett Schetzsle
Pledge of Allegiance to the Flag: Beverly Fire Dept.
Acceptance of Minutes: April 16, 2013
Public Speakers:
Charlie Perlo — Solid Waste Collection Day (Sat. May 4, 2013)
Mary Rodrick (Safe Drinking Water Alliance)
Renee Mary "
Gin Wallace & Joyce McMahon (Main Streets) Outdoor Dinning
Resolution:
# 69
Lieutenant William J. Reilly, Beverly Fire Department
A Resolution
WHEREAS: The Beverly Fire Department is a career department located on the North Shore of
Massachusetts. The Department employs 60 Firefighters and Fire Officers represented by Local
#1669, as well as 6 full time professional Fire Alarm Operators that staff the Fire Alarm Office;
and
WHEREAS: It is the mission of the Beverly Fire Department to provide quality fire protection
and Emergency Medical Services to the citizens of the community through professional and
competent fire suppression forces as well as vigorous public education and fire prevention efforts;
and
WHEREAS: The City of Beverly is roughly 17 square miles of mixed commercial, residential,
industrial and open property. There are approximately 40,000 residents living across the city in
roughly 16,000 housing units on 160 miles of roads. The Beverly Fire Department responds to
nearly 4,500 emergency calls every year varying from structure fires to motor vehicle accidents
and medical aid calls; and
WHEREAS: For the last 33 years, Lieutenant William J. Reilly has served the citizens of Beverly
5/29/2013
Regular Meeting
Page 2 of 10
and risen to his present rank, and will now be retiring from the Beverly Fire Department;
THEREFORE BE IT RESOLVED: That the Mayor and the City Council of the City of Beverly
extend our deepest congratulations and profound sense of gratitude and respect to Lieutenant
William J. Reilly on the occasion of his retirement, wish him and his family good health and much
happiness in this next phase of their lives, and that the City Clerk spread a copy of this Resolution
upon the City Records.
Public Hearings: Joint Public Hearings —City Council &Planning Board
7:30 PM Order # 52 Proposed Amendments (Parking)
8:00 PM Order # 57 Proposed Amendments (Zoning)
Refer to Legal Affairs
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
# 70
May 6, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached are two letters from Superintendent of Schools Marie Galinski each describing a
lease /purchase transaction which requires Council approval because of the length of the financial
commitment.
Please review and take action on both of these prospective transactions in a timely fashion because the
purchase orders cannot be released without your prior approval.
One of these requests is for school buses. The other for laptop computers. Thank you.
Very truly yours,
William F. Scanlon, Jr.
Mayor
5/29/2013
Regular Meeting
Refer to Finance & Property and Legal Affairs
#71
May 6, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 3 of 10
I hereby appoint, subject to your review and recommendation Ms. Amanda Beard, 16 Kernwood
Avenue, #I. Beverly to serve on the Cultural Council.
Her term to be effective until April 30, 2016.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Public Services
# 72
May 6, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation Ms. Suzanne I. LaMont, 20 Porter Street,
Beverly to serve on the Beverly Historic District Commission.
Her term to be effective until April 1, 2016.
Very truly yours,
William F. Scanlon, Jr.
Mayor
5/29/2013
Regular Meeting
Refer to Public Services
# 73
May 6, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 4 of 10
I hereby reappoint, subject to your review and recommendation, Mr. Scott Carleton, 136 Leslie Road,
Rowley, MA 01960 to serve as Constable in the City of Beverly for the express purpose of serving Civil
Process.
Attached is Mr. Carleton's application for appointment, which has been approved by Police Chief Mark
Ray.
Mr. Carleton' s term will be effective until May 1, 2016.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Legal Affairs
# 74
May 6, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The attached memo and spreadsheet from John Dunn describes necessary fund transfers to balance
unfavorable variances with favorable variances. You will note no use of free cash is being proposed. A
public hearing will be required to discuss this subject. Please schedule same at your earliest
convenience.
Very truly yours,
William F. Scanlon
Mayor
5/29/2013
Regular Meeting
Refer to Finance & Property
# 75
May 6, 2013
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 5 of 10
Please accept a FEMA Grant in the amount of $42,224 which is more fully described in the attached
memo from John Dunn.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Finance & Property
Communications from other City Officers and Boards:
#76
May 15, 2013
The Honorable City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
RE: COUNCIL ORDER #169 - RECOMMENDATION FROM PLANNING BOARD ON ZONING
AMENDMENTS RELATIVE TO THE WATER SUPPLY PROTECTION OVERLAY DISTRICT
(WSPOD), ARTICLE XXXVIII, SECTION 38.31.0 (FORMERLY SECTION 29 -31.C. OF TIC
ZONING ORDINANCE)
Dear Honorable Council:
The Beverly Planning Board heard testimony on the above - referenced Order at public hearings on
September 4, 2012, October 15, 2012, November 19, 2012 and April 16, 2013. The Board closed its public
hearing on April 16, 2013 and discussed the proposal at a special meeting immediately afterward and at a
special meeting on May 1, 2013.
The Planning Board separated its discussion between the proposed amendments to the zoning map and to
the text and voted the following:
1. Zoning Map:
• Aquifer Area: The Board considered the "Watershed Protection Area Assessment" report
5/29/2013
Regular Meeting
Page 6 of 10
dated April 16, 2013 by CDM Smith on behalf of the Salem and Beverly Water Supply Board in
making its recommendations on the boundaries of the WSPOD. The Board accordingly
voted that the aquifer area between Wenham Lake and Longham Reservoir should not be
included in the WSPOD. The Board recognized however that it might be advisable to
afford the aquifer some additional measure(s) of protection and recommends the City
explore other mechanisms that might be available and appropriate to protect it.
• Use of DEP Zones A, B & C in the delineation of the WSPOD: The Board found that the
proposed ordinance will uniformly regulate Zones A, B & C. The Board voted that the outermost
boundary of DEP Zones A, B, and C should constitute the boundary of the WSPOD, and to
eliminate any distinction between Zones A, B and C in the Zoning Map and in the proposed text
amendments (noted below).
A copy of a plan showing the overlay district boundaries recommended by the Planning Board
is attached as Attachment A.
Including in the overlay district portions of lots not located within the Wenham Lake or
Longham Reservoir watersheds: The Board voted to recommend that portions of lots not
located within the physical boundary of either the Wenham Lake or Longham Reservoir
watersheds in Beverly should not be included in the WSPOD. This recommendation is
reflected in the map in Attachment A and is also reflected in the proposed text amendments
noted below.
2. Ordinance Text:
Members voted to recommend that the City Council adopt amendments to the text of the WSPOD
with edits as shown in REDLINE on Attachment B entitled "Planning Board's Suggested Revisions
to Order #169 ", dated May 2, 2013."
To assist the Council, two other documents are attached hereto for reference:
Attachment C: A tabular summary of recommendations regarding the proposed
definitions; and
Attachment D: A list of those recommended amendments that would require
changes to sections of the Zoning Ordinance other than Section 38- 31.C., the watershed
supply protection overlay district.
In closing, the Board noted and recommended to the Council that the City continue educating the public
about storm water runoff and its relationship to the drinking water supply and encouraging commercial
and industrial users to utilize groundwater recharge techniques such as pervious pavement on their
properties.
Please do not hesitate to contact me or Planning Director Tina Cassidy should you have any questions
about the Board's recommendation.
Sincerely,
Richard Dinkin
RD /lz
Cc: Building Commissioner
Director
Services
City Engineer
file
Refer to Legal Affairs
Solicitor
Mayor
Chairperson
Planning
Commissioner of Public
Assessor
5/29/2013
Regular Meeting
Communications, Applications and Petitions:
#77
Renewal - Application for Fortunetellers License (Sophia Andrianopoulos) 11 Sunset Dr., Beverly, MA.
Refer to Legal Affairs
#78
Page 7 of 10
Application for Hawkers & Peddlers License. (One Day Event) July 4th @West Beach — Bruce Gordon, 5 Patriot Cir., Gloucester, MA.
Refer to Legal Affairs
#79
Communication from Beverly Mains Streets Re: Pilot Program Outdoor Dining Applications for 2013
Refer to Finance & Property
#80
Communication from DEP relative to Water System Awards Program for City of Beverly
Refer to Legal Affairs
Reports from Committees:
#43
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Order Councilor Silva relative to
Senior Citizen Tax Work Off Abatement Program have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8 -0 Vote
#54
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for Waiver (Water
Demand Fee) 62 Pleasant St. / Pleasant Street Apts. have considered said matter and beg leave to report as follows, to wit:
Request Denied
5/29/2013
Regular Meeting Page 8 of 10
Motion was made (Councilor Guanci) to send back to Committee for discussion
Motion approved 8 -0 Vote
#70
The Committee on Finance / Committee of the Whole to whom was referred the matter of Request from Mayor /School Dept. for permission
to enter into a lease /purchase transaction with Apple for Student Laptops for the 1 to 1 Laptop Initiative @ Beverly High School and
O'Connor Motor Co. and Liberty Chevrolet for the lease /purchase of 6 School Busses and 4 School bus vans. have considered said matter
and beg leave to report as follows, to wit:
Recommend the Council approve the request
Order read once and adopted 8 -0 Vote
#74
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request from Finance Dir. to set a
Public Hearing relative to interdepartmental transfers FY 2013. 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 will hold a Public Hearing on Monday May 20, 2013 at 8:15 PM relative to proposed Interdepartmental
transfers to deal with actual /expected variances in expenditure line items for FY 2013
Order read once and adopted 8 -0 Vote
#75
The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Acceptance of FEMA Grant for
$42,224.00 - Have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the request
Order read once and adopted 8 -0 Vote
#59
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from City Clerk relative to
the renewal of Second Hand Junk /Valuables Dealers Licenses for 2013 have considered said matter and beg leave to report as follows, to
wit:
Recommend the Council approve the Licenses
Order read once and adopted 8 -0 Vote
#61
5/29/2013
Regular Meeting
Page 9 of 10
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Parking and Traffic
Commission re: proposed amendments to Parking Ordinance /short term parking/ 38 Rantoul St. have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Motion made by Councilor Slate to refer back to Committee for further discussion
Motion approved 8 -0 Vote
#62
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Parking and Traffic re:
prohibiting parking on both sides of Wayland Road have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8 -0 Vote
#65
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Slate to amend Ordinance
Article XX1 Sec. 21.13 Short term parking (Rantoul St.) have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
ORDERED:
An Ordinance Amending An Ordinance, as follows:
ARTICLE XXI, section 21.13, section (h) 15 Minute Parking:
Rantoul Street, westerly side, from School Street to 38 Rantoul Street,
[ADD] 2 spaces
section (k) 2 -Hour Parking:
[ADD] Rantoul Street, easterly side, between School and Edwards Streets
Motion made by Councilor Slate to refer back to Committee for further discussion
Motion approved 8 -0 Vote
Unfinished Business:
Motions and Orders:
5/29/2013
Regular Meeting
#67
Order: - Councilor Troubetaris - Re: request for review of water /sewer bill (Stephen & Ellen Hoy).
Referred to Finance & Property
Meeting Adjourned 10:00 PM
Attest: Kathleen P. Connolly, CIVIC
City Clerk
Page 10 of 10
5/29/2013