2016-01-19Regular Meeting — Beverly City Council, Beverly, MA
MINUTES - Tuesday, January 19, 2016 @ 7:00 PM
Beverly City Hall, 3r Floor, Council Chamber
Called to Order @ 7:00 PM
Roll Call John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F.
Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva (arrived @ 7:49
PM), Paul M. Guanci - President.
Pledge of Allegiance to the Flag: Councilor Martin
Resolutions: None
Swearing -In of 5 Permanent Reserve Police Officers by
the City Clerk:
Michael C. Broderick
Blair D. Nickerson
Joseph T. Santamaria
Thomas J. Slavin
Joseph P. Spitaleri
Public Speakers:
1. Mr. Myron E. Hood,7 Auburn RD re Input @ Committee Meetings
Public Hearings:
7:20 PM - #002 — Transfer of Funds for DPS Payroll Costs Associated with
Contract — Referred back to Finance & Property
Acceptance of Minutes of Previous Meeting:
Regular Meeting — Monday, 4 January 2016 Approved 8 -0
Presentations, Awards and Memorials: None
Communications from His Honor the Mayor:
#019
January 19, 2016
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: RESOLUTION BY THE CITY OF BEVERLY TO DISCONTINUE PORTIONS
OF CHURCH AND BRISCOE STREETS RELATED TO THE REDESIGN OF ELLIS
SQUARE AND TO DESIGNATE ELLIS SQUARE AS PARK LAND.
Dear Honorable Council,
I respectfully submit the attached resolution for the Council's consideration to
discontinue portions of Church and Briscoe Streets related to the redesign of Ellis Square
and to designate Ellis Square as park land for Article 97 purposes.
In 2014, the City of Beverly, in partnership with Beverly Main Streets (BMS)
successfully applied to the Community Preservation Committee (CPC) for $177,663 in
funding to be dedicated to the execution of a plan to reconstruct Ellis Square. In
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connection with the grant BMS, UBLA (the landscape architect), abutters and the City of
Beverly have been working collaboratively to finalize the design which is nearing
completion. The design requires that small portions of both Church and Briscoe Streets
be discontinued to allow for a slightly expanded footprint of the Park. The proposed
resolution and order, along with Exhibit A referenced therein, describe those portions to
be discontinued. Accompanying this submittal is a draft set of plans for the Ellis Square
reconstruction project.
As to the designation of Ellis Square as park land, the Memorandum of Understanding by
and between the City of Beverly's Community Preservation Committee and its Planning
Department requires that the City of Beverly place a permanent use restriction on the land
(per the Community Preservation Act, M.G.L. Chapter 44B) limiting it to recreational
uses. The Order proposes that the mechanism to be employed establishing these
restrictions be Article 97 of the Massachusetts Constitution which would only allow for
the future disposition of such land in exceptional circumstances.
I also respectfully request that the Council set a date for a public hearing on the Order to
give the residents of Beverly an opportunity to comment on the matter.
Feel free to contact Aaron Clausen, Director of Planning and Community Development,
if you have any additional questions at 978 - 605 -2341.
Sincerely yours,
Michael P. Cahill
Mayor
cc: Stephanie Williams, City Solicitor
Aaron Clausen, Planning & Community Development Director
Michael Collins, Commissioner Public Services
Greg St. Louis, City Engineer
Denise Deschamps, Economic Development Planner
Referred to Public Services to set a Public Hearing
#020
January 6, 2016
Mr. David Gelineau
Purchasing Agent
City of Beverly
191 Cabot Street
Beverly, MA 01915
RE: Evaluation Committee — RFP for the of a Sale of the 4 Acre Parcel, corner of
LP. Henderson Road and Sam Fonzo Drive
Dear Mr. Gelineau:
I hereby appoint the following individuals to servfe as the ad -hoc evaluation committee
to review the bids to the RFP for the sale of the 4 -Acres Parcel located at the corner of
L.P. Henderson Road and Sam Fonzo Drive:
Mr. Aaron Clausen
Mr. Bryant Ayles
Mr. Kevin Harutunian
Ms. Denise Deschamps
Mr. William Mahoney
Mr. Peter Skerry
Mr. Robert Mezzetti
Sincerely yours,
Michael P. Cahill
Director of Planning and Community Development
Director of Finance
Chief of Staff
Economic Development Planner
Chairman, Beverly Airport Commission
Commissioner, Beverly Airport Commission
Airport Manager, Beverly Airport
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Mayor
Received and Placed on File — Approved 8 -0.
#021
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Council on Aging, has
received a Direct Grant from the Massachusetts Council on Aging in the amount of
$2,280. With your approval, this grant will be used to provide falls prevention exercise
classes and a "Live Your Life Well" event. 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 January 19, 2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#022
January 19, 2016
The Honorable Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Emergency Management
Department, has received an Emergency Management Performance Grant from the
Massachusetts Emergency Management Agency in the amount of $9,460. With your
approval, this grant will be used to provide interoperable communication equipment for
Emergency Management. 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 January 19, 2016.
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
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#023
January 19, 2016
The 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 Green Communities Grant from the Massachusetts
Department of Energy Resources in the amount of $128,455. With your approval, this
grant will be used for Beverly High School and Cove Elementary School energy projects.
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 January 19, 2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#024
January 19, 2016
The 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 the Department of Environmental Protection in the amount of
$1,500. With your approval, this grant will be used to support recycling outreach and
education. 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 January 19, 2016. Thank
you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
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#025
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Department of Planning
and Community Development and our community partner, Beverly Main Streets, has
received a Cultural District Initiative Grant from the Massachusetts Cultural Council in
the amount of $5,000. The City of Beverly will disperse this grant to Beverly Main
Streets to fund staff for the Beverly Arts District. This grant requires a 1:1 cash match of
$5,000, which will be provided by Beverly Main Streets. 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 January 19, 2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#026
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached for your review and approval is the proposed 2016 Member Rate Schedule for
the Beverly Golf and Tennis Club submitted by Golf Facilities Management, Inc. and
recommended by the Beverly Golf and Tennis Commission.
There are no changes to the rules and member rates that were in place for 2015. The
2016 member rates have been reviewed and accepted by the Commission on December 8,
2015.
Sincerely yours,
Michael P. Cahill
Mayor
Order Read Once & Adopted — Vote 8 -0
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#027
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation the following citizens to
serve on the Zoning Board of Appeals:
David Battistelli 7 Pillow Lace Lane
Pam Gougian 23 Baker Avenue
Their terms to be effective until January 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#028
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation the following citizens to
serve on as Trustees of the Public Library:
Mary Behrle 21 Cobblers Lane
Margaret Altman 114 Water Street
Their terms to be effective until January 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
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#029
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Martin Lawler, 109
Water Street to serve on the Beverly Golf and Tennis Commission.
His term to be effective until February 1, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#030
January 19, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Diane Costa, 14
Atlantic Avenue Street to serve on the Beverly Cable TV Advisory Commission and Mr.
Eric Overberg, 174 Colon Street to serve as an Alternate on the Beverly Cable TV
Advisory Commission.
Their terms to be effective until January 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Communications from other City Officers and Boards:
#018
Communication — Chief of Police John LeLacheur requesting Swearing -In of 5
Permanent Reserve Police Officers by the City Clerk
Received and Placed on File - Annroved 8 -0.
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#031
Communication — Councilor Silva re: Senior Citizen Tax Work Off Abatement Program
Order Withdrawn by Councilor Silva
#003A
Communication — OSRC re: Essex Crossing (232 Essex Street)
Received and Placed on File - Approved 8 -0.
#032
Communication — Council President Guanci re: Amended Ordinance XXVI, 26.05
"Mileage"
Referred to Finance & Property and to Legal Affairs
#033
Communication — BPD Traffic Sgt. re: Amended Ordinance XXI, 21.13 "Stopping,
Standing & Parking"
Referred to Legal Affairs
#034
Communication — Solicitor's Office re: Amended Ordinance XXI, 21.13 "Stopping,
Standing & Parking" correcting the days of the week the Ordinance applies to.
Referred to Legal Affairs
#035
Communication — City Clerk re: Amended Ordinance XXI, 21.13 "Stopping, Standing &
Parking" correcting the section
Referred to Legal Affairs
#036
Communication — Animal Control Officer & Chief of Police re: Amended Ordinances X
"Animals"
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Referred to Legal Affairs
Councilor Silva arrived @ 7:49 PM
#037
Communication — Final Reports - Auditors Powers & Sullivan — FY ending 30 June 2015
Received and Placed on File — Approved 9 -0.
Communications, Applications & Petitions
#038
BPBA re: Proposed Ordinance
Referred to Legal Affairs & to the Solicitor's Office
#039
Application for Renewal of License to Peddle — Frank John Iritano, 7 Laura RD,
Woburn
Referred to Legal Affairs
#040
Application for Renewal of License to Peddle — Maria Munroe / Cafe Maria — 112
Bridge Street
Referred to Legal Affairs
#041 — Late File by Councilor St. Hilaire — Accepted 9 -0
Warrant for the Presidential Primary
Order Read Once & Adopted — Vote 9 -0
#042 — Late File by Councilor Lang — Accepted 9 -0
Petition — National Grid & Verizon re: Install 1 JO Pole, Strut Guy, and Anchor with
a 6 ft lead across from pole #2531 Lothrop ST
Referred to Public Services to Set a Public
IV
Unfinished Business: Final Passage: None
Reports of Committees:
#002
The Committee on Finance and Property, to whom was referred the matter of Transfer of funds —
DPS Payroll Costs Associated with Contract have considered said matter and beg leave to report as
follows:
Submit the accompanying Order and recommend its adoption
ORDERED: That the City of Beverly transfer $71,142 from the budgeted "Reserve for Separation
of Service" (11324 / 57816) into various payroll lines within the Department of Public Services to
fund the increase in payroll costs associated with the settlement of the DPS employee union's
Collective Bargaining Agreement.
Order read once and adopted. Vote: 9 -0.
#021
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor re: Acceptance of Massachusetts Council on Aging Grant by Beverly Council on Aging have
considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 9 -0.
#022
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor re: Acceptance of Massachusetts Emergency Management Agency Emergency Management
Performance Grant by Beverly Emergency Management Department have considered said matter
and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 9 -0.
#023
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor re: Acceptance of Massachusetts Department of Energy Resources Green Communities
Grant by Beverly Engineering Department have considered said matter and beg leave to report as
follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 9 -0.
#024
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor re: Acceptance of Massachusetts Department of Environmental Protection Sustainable
Materials Recovery Targeted Small Scale Initiatives Grant by Beverly Engineering Department have
considered said matter and beg leave to report as follows:
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Recommend the Council Approve the Request
Order read once and adopted. Vote: 9 -0.
#025
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor re: Acceptance of Massachusetts Cultural Council Cultural District Initiative Grant by Beverly
Department of Planning and Community Development and our community partner, Beverly Main
Streets, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 9 -0.
#003
The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor
the Mayor re: Open space Conveyance at Essex Crossing (232 Essex Street), have considered said
matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 9 -0.
#015
The Committee on Legal Affairs, to whom was referred the matter of Application — 2 nd Hand Junk
Dealers License — Nyan Group, Inc dba Cash Point — 135 Cabot Street have considered said matter
and beg leave to report as follows:
Recommend the License be granted
Order read once and adopted. Vote: 9 -0.
#033
The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an
Ordinance, Article XXI, Section 21.13 "Stopping, Standing & parking" (g) (ix) Handicapped Parking —
34 Swan Street have considered said matter and beg leave to report as follows:
Submit the accompanying amended Ordinance and recommend its adoption pending publication
and Final Passage:
An Ordinance amending the "Motor Vehicles and Traffic" Ordinance.
Be it ordained by the City Council of the City of Beverly as follows:
By amending subsection (g) (ix) of section 21.13 entitled "Stopping, Standing and Parking" in
Article XXI of the Revised Ordinances of the City of Beverly by inserting the following correction:
34 Swan Street
Replacing
31 Swan Street
Order read once and adopted. Vote: 9 -0
#034
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The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an
Ordinance, Article XXI, Section 21.13 "Stopping, Standing & parking" (k) Two hour parking — Bow
Street have considered said matter and beg leave to report as follows:
Submit the accompanying amended Ordinance and recommend its adoption pending publication
and Final Passage:
An Ordinance amending the "Motor Vehicles and Traffic" Ordinance
Be it ordained by the City Council of the City of Beverly as follows:
By amending subsection (k) "Two -hour parking" of section 21.13 entitled "Stopping, Standing and
Parking" in Article XXI of the Revised Ordinances of the City of Beverly by inserting the following
correction:
"Bow Street between Rantoul Street and Park Street (south side) "two -hour parking ", 5 feet west
from the driveway curb cut, (4 spaces)"
DELETE from (i) 7 days"
ADD to (ii) "Monday through Friday"
Order read once and adopted. Vote: 9 -0
#035
The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an
Ordinance, Article XXI, Section 21.13 "Stopping, Standing & parking" (h) (i) 15 Minute Parking have
considered said matter and beg leave to report as follows:
Submit the accompanying amended Ordinance and recommend its adoption pending publication
and Final Passage:
An Ordinance amending the "Motor Vehicles and Traffic" Ordinance.
Be it ordained by the City Council of the City of Beverly as follows:
By amending subsection (h) (i) 15 Minute Parking" of section 21.13 entitled "Stopping, Standing
and Parking" in Article XXI of the Revised Ordinances of the City of Beverly by inserting the
following correction:
"Rantoul Street east side at the intersection of Fayette Street, beginning 20 feet south of Fayette
Street for two spaces"
DELETE from Chapter 14 -123a, 15 Minute Parking (old Code of Ordinance numbering)
ADD to Section 21.13 "Stopping, Standing & parking" (h) (i) (current Code of Ordinance
numbering)
Order read once and adopted. Vote: 9 -0
#039
The Committee on Legal Affairs, to whom was referred the matter of Application — Application for
Renewal of License to Peddle — Frank John Iritano, 7 Laura RD, Woburn have considered said
matter and beg leave to report as follows:
Recommend the License renewal be granted
Order read once and adopted. Vote: 9 -0.
#040
The Committee on Legal Affairs, to whom was referred the matter of Application — Application for
Renewal of License to Peddle — Maria Munroe / Cafe Maria have considered said matter and beg
leave to report as follows:
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Recommend the License renewal be granted
Order read once and adopted. Vote: 9 -0.
#004
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointments to the Beverly Harbor Management Authority — J. David Suminsby, Rinus
Oosthoek, George Simon, Pat McAleer and Chris D'Alphonso have considered said matter and beg
leave to report as follows:
Recommend the Council approve the Reappointments.
Councilor Frates asked to recuse himself on the vote for Mr. D'Alphonso, who is his brother -
in -law. Vote on Mr. D'Alphonso: 8 -0 -1 with Councilor Frates recused. Vote on the remaining
reappointments other than Mr. D'Alphonso: 9 -0
#005
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointments to the Beverly Board of Health — Mr. William J. Alpine, Jr. have considered said
matter and beg leave to report as follows:
Recommend the Council approve the Reappointment.
Order read once and adopted. Vote: 9 -0
ff 111 .,
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Request for Public Hearing re: Church & Briscoe Streets discontinuance have considered said
matter and beg leave to report as follows:
Submit the accompanying amended Order and recommend its adoption:
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday,
February 1 st, 2016 at 7:20 PM at City Hall, 191 Cabot Street, Beverly, MA, third floor, City Council
Chambers relative to Church & Briscoe Streets discontinuance.
Order read once and adopted. Vote: 9 -0
#042
The Committee on Public Services, to whom was referred the matter of Petition — National Grid &
Verizon re: Install 1 JO Pole, Strut Guy, and Anchor with a 6 ft lead across from pole #2531 Lothrop
ST have considered said matter and beg leave to report as follows:
Submit the accompanying amended Order and recommend its adoption:
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday,
February 1 st, 2016 at 7:15 PM at City Hall, 191 Cabot Street, Beverly, MA, third floor, City Council
Chambers relative to a Petition from national Grid and Verizon to install 1 JO Pole, Strut Guy, and
Anchor with a 6 ft lead across from pole #2531 Lothrop ST.
Order read once and adopted. Vote: 9 -0
Motions and Orders: None
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The Council President read a tribute from the Salem News, portions of a Letter to
the Editor written by Jenny Nasser entitled "Remembering Dick Williams, more
than a boss" in honor of the late Richard A. Williams, co -owner with his wife June
for many years of Dick & June's Ice Cream Stand on Elliott Street, and also a
retired Beverly Firefighter (31 years).
Meeting Adjourned: 8:24 PM Attest: D. Wesley Slate, Jr.
City Clerk
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