Minutes - Monday 6 June 2016 (2)Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Monday, June 6, 2016 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber
Called to Order @ 7:00 PM
Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President (arrived @ 7:05 PM), David
J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C.
Silva, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Rand
The Council President requested a Moment of Silence for Ofcr. Henry J.
Civitarese, BPD (retired)
Public Speakers: None
Resolutions: None
Presentations, Awards and Memorials:
1. John Somes, Greater Beverly Chamber of Commerce
2. #126 — Lorraine & Gene Sacco, Reid's Ride 12 Annual 28 Mike Bike -A -Thom — Sunday,
17 July - Received and Placed on File- Vote: 9 -0
Acceptance of Minutes of Previous Meeting:
1. Monday, 16 May 2016 — Regular Meeting - Vote to Accept: 9 -0
2. Monday, 23 May 2016 — Special Meeting — Vote to Accept: 9 -0
Public Hearings:
1. 7:20 PM - #122 — Petition — National Grid — 1 JO Pole @ Essex Street — Public Hearing
held & Closed, Referred back to Public Services
2. 7:30 PM - #109 — Repairs @ Beverly Golf & Tennis Clubhouse —Public Hearing held &
Closed, Referred back to Finance & Property
Communications from His Honor the Mayor:
#123
June 6, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am hereby submitting for your consideration a Home Rule Petition seeking
additional liquor licenses for the City of Beverly. The purpose of the Petition is to
promote economic development by allowing for the issuance of additional
licenses at the discretion of the City at locations and to establishments in a
thoughtful, planned manner that will facilitate that goal.
A copy of the Petition is attached herewith.
Sincerely yours,
Michael P. Cahill
Mayor
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HOME RULE PETITION
Voted, to petition the General Court to enact legislation authorizing the Licensing
Authority of the city of Beverly to grant: (I) 6 additional licenses for the sale of wines
and malt beverages to be drunk on the premises pursuant to section 12 of said chapter
138; (ii) 3 additional licenses for the sale of all alcoholic beverages to be drunk on the
premises pursuant to said section 12 of said chapter 138; provided, however, that 2 of
these licenses shall be restricted to establishments with seating capacities of not more
than 150 persons; and (iii) 3 additional licenses for the sale of all alcoholic beverages not
to be drunk on the premises pursuant to section 15 of said chapter 138; provided,
however, these licenses shall be restricted to specialty grocery stores as defined in the
proposed special legislation below, all licenses being subject to the terms and conditions
set forth in the proposed special legislation below concerning the payment of an
acquisition fee, procedure for application for and issuance of licenses and limitations of
transfers; provided that the legislature may reasonably vary the form and substance of the
requested legislation within the scope of the general public objectives of this petition.
The purpose of this Petition is to spur economic development by allowing for the
issuance of additional licenses at the discretion of the City at locations and to
establishments in a manner that will facilitate that goal.
A draft of the proposed legislation is set forth herein below:
AN ACT AUTHORIZING THE CITY OF BEVERLY TO GRANT ADDITIONAL
LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follow:
SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws,
the licensing authority of the city of Beverly may grant; (I) 6 additional licenses for the
sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of
said chapter 138; (ii) 3 additional licenses for the sale of all alcoholic beverages to be
drunk on the premises pursuant to said section 12 of said chapter 138; provided, however,
that 2 of these licenses shall be restricted to establishments with seating capacities of not
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more than 150 persons; and (iii) 3 additional licenses for the sale of all alcoholic
beverages not to be drunk on the premises pursuant to section 15 of said chapter 138;
provided, however, these licenses shall be restricted to specialty grocery stores as defined
in subsection (b). The licenses shall be subject to all of said chapter 138 except said
section 17. The licensing board may restrict the all alcoholic beverage licenses to a
holder of a common victualler license.
(b) For the purposes of this act, "specialty grocery store" shall mean retail food
markets that are limited in scale and offer food provisions including, but not limited to,
fresh produce, dairy, baked goods and meats similar to a delicatessen or green grocer. A
specialty grocery store may include locally -grown or locally -made food and beverages
and may also include prepared food for consumption off the premises.
(c) Notwithstanding sections 12 and 15 of chapter 138 of the General Laws, a
license issued pursuant to this act may be subject to an initial, 1 -time acquisition fee in an
amount to be determined by the city of Beverly which shall be in addition to any existing
annual license fee applicable in the city of Beverly for the sale of wines and malt
beverages to be drunk on the premises, for the sale of all alcoholic beverages to be drunk
on premises or for the sale of all alcoholic beverages not to be drunk on the premises, as
the case may be. The initial 1 -time acquisition fee shall be due and payable upon the
original issuance of the license and also upon the issuance of any such license to a new
applicant under this act.
(d) Once issued, a granted issued pursuant to this act shall not be transferable to
any other location but it may be granted to a new applicant at the same location if the
applicant files a letter from the department of revenue and a letter from the department of
unemployment assistance indicating that the license is in good standing with the those
departments and that all applicable taxes, fees and contributions have been paid.
(e) If a license issued under this act is cancelled, revoked or no longer in use, it
shall be returned physically, with all of the legal rights and privileges pertaining thereto,
to the licensing authority, and the licensing authority may then grant the license to a new
applicant at the same location under the same conditions as specified in this act.
SECTION 2. This act shall take effect upon its passage.
Referred to Legal Affairs
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#124
June 6, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached for your consideration is an ordinance change to parking on Bow Street.
Currently, the five parking spaces on Bow Street South from Cabot Street (adjacent to
A &B Burgers) are signed for 30 minute parking. This request will change those five
spaces to 2 hour metered parking, consistent with parking on other side streets in the
Downtown area.
Sincerely yours,
Michael P. Cahill
Mayor
Attachment
In the year two thousand and sixteen
An ordinance amending an ordinance entitled Chapter 270- Vehicles and Traffic,
Article VII: Parking Regulation Device: Sections 270 -71
Be it ordained by the City Council of the City of Beverly as follows:
By amending Chapter 270- Vehicles and Traffic, Article VII: Parking Regulation
Device: Sections 270 -71 as follows:
By adding to § 270 -71 "Bow Street" "South" "Extending 115 feet West of Cabot Street,
8:00 a.m. to 5:00 p.m. (5 spaces)"
Referred to LeLyal Affairs & the ParkinLy and Traffic Commission
#125
May 12, 2016
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: Request to approve a lease extension for the telecommunications tower located at
the Beverly Regional Airport.
Dear Honorable Council:
I respectfully submit the attached request by the Beverly Regional Airport Commission to
extend the existing lease with SBA Communication Corporation for the
telecommunications tower located on Airport Property.
Please feel free to contact Bob Mezzetti, Beverly Airport Manager, directly to answer any
questions you might have relative to the request.
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Sincerely,
Michael P. Cahill
Mayor
cc: Aaron Clausen, Planning Director
Robert Mezzetti, Airport Manager
Bryant Ayles, Finance Director
Kevin Harutunian, Chief of Staff
Stephanie Williams, City Solicitor
Referred to Finance & Pro
Communications from other City Officers & Boards:
Councilor Latter re: Amended Ordinance — Handicapped Sign — 19 Grant Street
Referred to Legal Affairs
#127
City Clerk re: Increase in Taxi Fee from $30.00 to $50.00
Referred to Legal Affairs
#128
Council President Guanci re: Council Reappointment — CPC — Heather Richter, 9
Riverview Street
Approved on the Floor - Vote: 9 -0
#129
CPC re: Set Public Hearing re: Out -Of -Cycle Applications for Monday, 20 June
2016 @7:30 PM
Referred to Finance & Property to set a Public Hearing
Communications, Applications & Petitions:
#130
Application — License to Peddle — John M. Phelps, 46 Jordan Street
Referred to Legal Affairs
121
#131
Application — 2n Hand Junk Dealer — Beverly Bootstraps — 198 Rantoul Street
Referred to Legal Affairs
#132
Request to Waive Alcohol in Public Buildings Ordinance — Margaret Eyre
Thorndike — 71 Paine Avenue / Prides Crossing — BFL — Thursday, 4 August
Referred to Legal Affairs
Unfinished Business: None
Final Passage:
#101
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re:
Amended Ordinance "Water ", Section 282 -13 "Demand Charge ", 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 an ordinance entitled "Water" relative to Section 282 -13.
Demand Charge.
Be it ordained by the City Council of the City of Beverly as follows:
By amending Chapter 282, Section 282 -13, subsection C entitled "Demand charge" of the
2016 Beverly Code of Ordinances by inserting the following schedule of charges in
subsection C, after the last sentence of that subsection:
Water Demand Fee
Schedule of Charges
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Pipe Size at Building
Cu. Inch/Ft
Domestic Use
Fire Suppression
1 Inch
9.43
$2,500
$2,000
1 -1/4 Inch
14.7
4,677
3,118
1 -1/2 Inch
21.2
6,744
4,496
2 Inch
37.7
11,994
7,996
4 Inch
150.8
47,975
31,983
6 -8 Inches
339.3 -603.2
149,920
99,947
10 -12 Inches
942.5- 1357.20
365,806
243,870.50
First Reading: 2 May 2016
Second Reading: 16 May 2016
Hold for Publication and Final Passage
Final Passage: 6 June 2016
Order read — Final Passage - and adopted. Vote: 9 -0.
Reports of Committees:
#109
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: Repairs — Golf & Tennis Club, 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.
#125
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: SBA Communications Lease Extension at the Beverly Regional Airport, 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.
#129
The Committee on Finance & Property, to whom was referred the matter of Communication — CPC
re: Out -of -Cycle Applications, have considered said matter and beg leave to report as follows:
Submit the accompanying Order and recommend its adoption:
ORDERED: that the Beverly City Council hold a Public Hearing on Monday, June 20, 1026 @ 7:30
p.m. in the City Hall Council Chamber, 191 Cabot Street — 3r Floor, Beverly, MA, relative to
Community Preservation Committee (CPC) funding recommendations for two CPA projects: 1. Ellis
Square Redesign, CPC Project #$1 -10; and 2. Beverly Golf & Tennis Club Out -of -Cycle Application.
Order read once and adopted. Vote: 9 -0.
#070A — First Reading
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor
Latter re: Handicapped Sign @ 19 Grant Street, have considered said matter and beg leave to report
as follows:
123
Submit the accompanying amended Ordinance and recommend its adoption pending Publication
and Final Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and sixteen
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49 as follows:
ADD: Grant Street North at approximately 19 Grant Street.
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: Monday, 6 June 2016
Advertise and hold for Final Passage
Second Reading: Monday, 20 June 2016
Final Passage: Monday, 20 June 2016
Order read once — First Readina - and adopted. Vote: 9 -0.
#110
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re:
Appointment of Mr. Chris Gajeski, 8 -1/2 Vine Street to the Conservation Commission, have
considered said matter and beg leave to report as follows:
Recommend the Council approve the Appointment:
Discussion ensued concerning Mr. Gajeski's residency and whether the Council could grant a waiver
of residency for an appointee who does not currently live in Beverly.
At the 23 May Special Meeting, Councilor Martin entered a "Hold" on the measure until the
matter of Mr. Gajeski's residency can be resolved. Since then Mr. Gajeski contacted the
Clerk's and Mayor's Offices to inform that he is now a resident of Wenham, and has
registered to vote in that community. Per the Charter, he is therefore not eligible to be
aaaointed as a new Member of a Multiole- Member Bodv.
Received and Placed on File - Vote: 9 -0
#124 — First Reading
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re:
Amended Ordinance — Parking on 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:
ORDERED: In the year two thousand and sixteen
An ordinance amending an ordinance entitled Chapter 270- Vehicles and Traffic,
Article VII: Parking Regulation Device: Sections 270 -71
Be it ordained by the City Council of the City of Beverly as follows:
124
By amending Chapter 270- Vehicles and Traffic, Article VII: Parking Regulation
Device: Sections 270 -71 as follows:
By adding to § 270 -71 "Bow Street" "South" "Extending 115 feet West of Cabot Street,
8:00 a.m. to 5:00 p.m. (5 spaces)"
First Reading: 6 June 2016
Second Reading: 20 June 2016
Hold for Publication & Final Passage
Final Passage: 20 June 2016
Order read once — First Reading - and adopted. Vote: 9 -0.
#127
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk re:
Increase Taxi Fee from $30.00 to $50.00 effective 1 July 2016, 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.
#130
The Committee on Legal Affairs, to whom was referred the matter of Application for License to
Peddle — Hot Dogs & Novelties — John M. Phelps, 46 Jordan Street (RENEWAL), have considered
said matter and beg leave to report as follows:
Recommend the Renewal License be Granted
Order read once and adopted. Vote: 9 -0.
#131
The Committee on Legal Affairs, to whom was referred the matter of Application for 2 nd -Hand Junk
Dealers License — Beverly Bootstraps Community Services — 198 Rantoul 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.
#132
The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Alcohol
in Public Buildings Ordinance — Artist's Reception — Margaret Eyre Thorndike — Beverly Farms
Library, 4 August 2016, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
125
Order read once and adopted. Vote: 9 -0.
Motions and Orders: None
Meeting Adjourned: 8:40 PM Attest: D. Wesley Slate, Jr.
City Clerk
126