2015-10-19Regular Meeting
Beverly City Council 7:00 PM — Monday, October 19, 2015
Roll Call John P. Frates Jr. (Absent), Scott D. Houseman, David J. Lang, James F. Latter -
Vice President, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M.
Guanci- President.
Pledge of Allegiance to the Flag: Councilor Lang
Acceptance of Minutes: Monday, October 5, 2015 Vote: 8 -0
Public Speakers:
1.Myron E. Hood, 7 Auburn Road re: 50 Dunham Road, and Beverly Middle School Project
Public Hearings:
7:20 PM - #469 — Petition - National Grid (Virginia Avenue & Kathleen Drive)
7:25 PM - #470 — Petition — National Grid / Verizon (Goat Hill Lane & Summit Avenue)
7:30 PM - #467 — CPC Round 2, CPA Funding Recommendations
Presentations, Awards and Memorials:
Charlie Perlo for Norrie Gall, Chair — Solid Waste Management Committee (Beverly Recycles),
presentation to Beverly High School Panther Football Head Coach Dan Bauer & 3 players, check for
$925 from spring recycling event at Beverly High School.
Resolution:
#474
RESOLUTION
November 13, 2015 "World Pancreatic Cancer Day"
WHEREAS: in 2015, an estimated 48,960 people will be diagnosed with pancreatic
cancer in the United States and 40,560 will die from the disease; and
WHEREAS: pancreatic cancer is one of the deadliest cancers, is currently the fourth
leading cause of cancer death in the United States and is projected to become the
second by 2020; and
WHEREAS: pancreatic cancer is the only major cancer with a five -year relative survival
rate in the single digits at just seven percent; and
WHEREAS: when symptoms of pancreatic cancer present themselves, it is generally
late stage, and 73 percent of pancreatic cancer patients die within the first year of their
diagnosis while 93 percent of pancreatic cancer patients die within the first five years;
and
WHEREAS: approximately 900 deaths will occur in Massachusetts in 2015; and
WHEREAS: pancreatic cancer is the 7t most common cause of cancer - related death in
men and women across the world; and
WHEREAS: there will be an estimated 367,000 new pancreatic cancer cases diagnosed
globally in 2015; and
WHEREAS: the good health and well -being of the residents of Beverly are enhanced as
a direct result of increased awareness about pancreatic cancer and research into early
detection, causes, and effective treatments;
NOW THEREFORE BE IT RESOLVED: that the City Council of the City of Beverly, do
hereby designate November 13 as "World Pancreatic Cancer Day" in the City of Beverly,
and that the City Clerk spread a copy of this Resolution upon the City records.
Approved, vote: 8 -0.
20
Communications from His Honor the Mayor:
#475
October 19, 2015
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. James Bauer, 14 Ober
Street to serve on the Solid Waste Management Committee.
Mr. Bauer's term is to be effective until March 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Refer to Public Services
Communications from other City Officers and Boards:
FIE+H_1
Wednesday, 14 October 2015
Ordered:
In the year two thousand and fifteen
An Ordinance amending an Ordinance relative to Article XXI "Motor Vehicles and
Traffic ", Section 21.13
"Stopping, Standing and Parking ", (e) "No Parking ":
Be it ordained by the City Council of the City of Beverly as follows:
DELETE: Roosevelt Avenue, southerly side, from Cabot Street two hundred seventy -two
feet easterly;
ADD: Roosevelt Avenue, southerly side, from Cabot Street two hundred fifty four feet
easterly, except
one space in front of 1 Roosevelt Avenue.
Ordinance to take effect upon Final Passage:
First reading: October 19, 2015
Second reading: November 2, 2015
Final Passage: November 2, 2015
Respectfully submitted,
James F. Latter, Vice President
& Councilor, Ward 3
Refer to Legal Affairs
21
#427B
October 7, 2015
Honorable City Council
City Clerk Wesley Slate
City Hall
Beverly, MA 01915
Handicapped Parking sign: 1 Roosevelt Avenue
Dear Council Members,
This request is from the resident at 1 Roosevelt Avenue for a, "Handicapped parking ",
sign in front of their residence. I have conducted a site visit and reviewed the application.
This area has limited off street parking and I would support the placement of a sign in
this location.
Sincerely
Sergeant Tony DiRuzza
Beverly Police Department
Traffic /Safety Sergeant
Refer to Legal Affairs
Communications, Applications and Petitions:
#476
Communication — Lawrence Kudlik, 2 Bartlett Street re: Limited Peddlers Permit
Refer to Legal Affairs
#477
Application — Christmas Tree License — John DiVincenzo, 294 Elliott Street
Refer to Legal Affairs
#478
Communication — Nino Lombardi, 3 Lawnbank Road re: White House Painting Donation
Receive and Place on File. Vote 8 -0.
Reports from Committees:
#467
The Committee on Finance & Property / Committee of the Whole, to whom was referred the matter
of request from the Community Preservation Committee (CPC) re: Second Round CPA Project
Funding Recommendations have considered said matter and beg leave to report as follows, to
wit:
Recommend the Council approve the request.
Referred back to Finance & Prooertv / Committee of the Whole. Vote: 8 -0.
22
#427
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of request from Sgt. DiRuzza re: "No Parking" and "Handicapped Parking" Signs : 1 Roosevelt
Avenue, have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File. Vote: 8 -0.
#427A
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of an Ordinance amending an Ordinance relative to Article XXI "Motor Vehicles and Traffic ",
Section 21:13 "Stopping, Standing and Parking ", (3) "No Parking ", have considered said matter
and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending
publication. Vote: 8-0.
#4276
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of request from Sgt. DiRuzza re: Handicapped Parking Sign : 1 Roosevelt Avenue, have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File. Vote: 8 -0.
#457
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of request from Sgt. DiRuzza re: Handicapped Parking Sign @ 45 Pond Street, have considered
said matter and beg leave to report as follows, to wit:
Recommend the Council approve the request.
Order read once and adopted. Vote: 8 -0.
•� 7
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of an Ordinance amending an Ordinance relative to Article XXI "Motor Vehicles and Traffic ",
Section 21:13 "Stopping, Standing and Parking ", (i) "30- Minute Parking ", have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying amended Ordinance and recommend its adoption, pending
publication. Vote: 8-0.
#477
The Committee on Legal Affairs / Committee of the Whole, to whom was referred the matter
of Application for a License — Retail Sale of Christmas Trees — John DiVincenzo, 294 Elliott
Street, have considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted.
Order read once and adopted. Vote: 8 -0.
#465
The Committee on Public Services / Committee of the Whole, to whom was referred the matter
of Proposed name change for the Beverly Municipal Airport to the Beverly Regional 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. Vote: 7 -1 (Councilor Lang opposed).
23
#469
The Committee on Public Services / Committee of the Whole, to whom was referred the matter
of Petition: 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:
Recommend the Council approve the request.
Order read once and adopted. Vote: 8 -0.
Unfinished Business: Final Passage:
#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.
First Reading: July 7, 2015
Second Reading: October 19, 2015
Final Passage: October 19, 2015
Order read once and adopted. Vote: 8 -0.
24
#449
The Committee on Legal Affairs /Committee of the Whole to whom was referred
the matter of approval of revisions to our Code of Ordinances, Section #17.10
"Peddlers and Hawkers ", as proposed by the Solicitor's Office and submitted by
Councilor Silva, have considered said matter and beg leave to report as follows,
to wit:
Submit the accompanying ordinance and recommend its adoption:
In the year 2015, an Ordinance amending an Ordinance, entitled:
Peddlers and Hawkers, Canvassers and Solicitors, Article XVII Sections 17.10
Be it ordained by the City Council of the City of Beverly as follows:
Adding to the title: Canvassers and Solicitors
By amending Article XVII Sections 17.10, Hawkers and Peddlers:
Adding to 17.10(x, in the definition section:
(iii) "Solicitation or canvassing" means traveling by foot, motor vehicle
or any type of conveyance, from place to place, from house to
house, or from street to street, for salary, commission or other
remuneration, whether on behalf of oneself or of another person,
firm or corporation and: (1) Selling, leasing or taking orders for the
sale of any goods, wares, merchandise or services whatsoever,
including without limitation books, periodicals, food, and home
improvement services, or attempting to so sell, lease or take
orders, whether or not advance payment on such sales is collected;
or (2) Seeking or requesting donations of money, goods or services
for any for - profit or nonprofit entity.
(iv) "Residential property" includes without limitation each individual
dwelling unit.
Adding to section 17.10(b) as follows:
(ii) No person shall engage in solicitation or canvassing in or upon any
private residential property in the City of Beverly, and no firm,
corporation, organization or other entity shall arrange for any person to
engage in solicitation or canvassing in or upon any residential property,
without first registering with the City Clerk and obtaining from the Chief of
Police a certificate of good moral character.
Each person engaged in solicitation or canvassing in or upon any
residential premises shall immediately leave such premises upon the
request of the occupant.
Adding to section 17.10(c) as follows:
Procedure for registering as a solicitor or canvasser.
i) Any solicitor /canvasser who seeks to engage in solicitation or
canvassing in or upon any private residential property in the City of
Beverly shall register with the city clerk. The city clerk shall forward
the application to the chief of police for his or her review and
recommendation.
ii) Each person soliciting or canvassing in the City of Beverly must
provide a copy of any materials that he /she will be distributing.
iii) A $25 fee is required upon registration
25
Amending section 17.10(f) as follows:
Duty of city clerk.
It shall be the duty of the city clerk to keep a record of the name and
residence of every person registered by the city under this ordinance and
the particular business for which he or she is registered.
Adding to section 17.10(j) as follows:
(ii) Hours of soliciting and canvassing regulated.
No solicitor or canvasser, shall solicit or canvass in the city between the
hours of 6:00 p.m. and 8:00 a.m.
First Reading: September 8, 2015
Second Reading: September 21, 2015
Final Passage: October 19, 2015
Order read once and adopted. Vote: 8 -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 Riahts 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.
26
(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.
First Reading: September 15, 2015
Second Reading: October 5, 2015
Final Passage: October 19, 2015
Order read once and adopted. Vote: 8 -0.
Motions and Orders: none
Meeting Adjourned 9:15 PM
Attest: D. Wesley Slate, Jr.
City Clerk
27