Minutes - Monday 19 September 2016Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Monday, 19 September 2016 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber
Called to Order @ 7:04 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, Paul M. Guanci-
President.
Pledge of Allegiance to the Flag: Councilor Rand
The Council President requested a Moment of Silence for John F. "Jake" Condon, Former
Ward 2 Alderman, Beverly Postmaster (ret.), World War II Veteran of the United States
Navy, & longtime Member of the Historic District Commission, Ward 2 Civic Association,
and resident of the Goat Hill Neighborhood
Swearing -In (Beverly Police Department):
Promotion to Captain:
Timothy C. Hegarty
Promotion to Lieutenant:
David A. Richardson
Richard R. Russo, Jr.
New Officers:
Michael C. Broderick
David Gagnon
Ryan Hegarty
Kevin Thomasson
Recognition of Outstanding Work:
Stephen Cecchini
April Clarizia
Harold Geary
Ryan Hegarty
Michael Henebury
Jason Lantych
Darlene Prinz
Shawn Desmond
Comments by Citizens (subject to the conditions contained in
Appendix A to the "Rules and Orders "): None
Acceptance of Minutes of Previous Meetings:
1. Tuesday, 6 September 2016 —Regular Meeting -Vote to Accept: 9 -0
Communications from His Honor the Mayor:
#212
September 19, 2016
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: Amendments to an Ordinance Entitled Licenses and Business Regulations, Article V:
Junk and Secondhand Dealers
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Dear Honorable Council:
Enclosed please find proposed amendments to an ordinance entitled Licenses and
Business Regulations, Article V: Junk and Secondhand Dealers. The amendment strikes
Section 192 -24 of the City of Beverly's Code of Ordinances prohibiting "Junk and
Second Hand Dealers" from dealing in new goods.
Currently, Section 192 -24 prohibits anyone who gets a Junk and Second Hand Dealers
license from purchasing, bartering, selling or offering for sale any new or unused or
unworn item or material. This prohibition unreasonably restricts all retailers from
expanding the goods and services they offer to consumers.
This ordinance will support our business community by providing an environment that
allows them to grow and flourish. The economy and the changing needs and desires of
the consumer require business owners to regularly reassess market demands and make
adjustments accordingly. Section 192 -24 unnecessarily restricts their ability to make
such adjustments. The ordinance change proposed will allow secondhand stores to sell
new items, and will also allow businesses that deal in new goods to obtain Junk and
Second Hand Dealers licenses to sell used items.
Feel free to contact Aaron Clausen, Director of Planning and Development, if you have
any additional questions at 978 - 605 -2341.
Sincerely yours,
Michael P. Cahill
Mayor
In the year two thousand sixteen
An ordinance amending an ordinance entitled Chapter 192- Licenses and Business
Regulations, Article V: Junk and Secondhand Dealers
Be it ordained by the City Council of the City of Beverly as follows:
By amending Chapter 192- Licenses and Business Regulations, Article V: Junk and
Secondhand Dealers as follows:
By repealing Section 192 -24 Dealing in New Materials Prohibited.
Referred to Legal Affairs
#213
September 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 community partner,
Beverly Heritage Project, has received an Essex Heritage Partnership Grant from the
Essex National Heritage Commission in the amount of $2,000. The City of Beverly will
disperse this grant to Beverly Heritage Project to help fund restoration of the city -owned
Beverly Powder House. This grant requires a 1:1 cash match of $2,000, which will be
the responsibility of the Beverly Heritage Project. 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
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approve this grant by taking action on this matter at your upcoming meeting of the City
Council on September 19th, 2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
Communications from other City Officers & Boards:
#196A
Communication - Chief of Police re: Promotions
Received and Placed on File — Vote: 9 -0
#214
Communication - Councilor Latter re: Reappointment — Barbara King as Ward 3
Representative to OSRC
Approved on the Floor — Vote: 9 -0
#215
Communication — City Clerk re: Roving Archivist Grant Award
Received and Placed on File — Vote: 9 -0
Communications, Applications & Petitions:
#216
Petition — National Grid re: Foster Street (Set a Public Hearing for Monday, 3
October 2016 @ 7:15 PM)
Referred to Public Services to Set a Public Heari
#217
Application for 2n Hand Junk Dealers License — Coast to Coast Paddle
Referred to Legal Affairs
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#218
Correspondence — Tyler Crosby re: Eagle Scout Project — Trail clean -up @
Norwood Pond
Received and Placed on File — Vote: 9 -0
#219
Application for Permit — Sidewalk Dining Program — Tartine, LLC, 192 Cabot
Street
Referred to Finance & Property
#220
Application — Class II MV License — C J Motors Inc., 360 Rantoul Street
Referred to Legal Affairs
2 nd Reading & Final Passage:
#199
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor
Rand (Amended Ordinance) re: Additional Handicapped Parking space on the west side of Church
Street behind the Cabot YMCA, 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:
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: one additional handicapped accessible parking space to the West side of Church Street
behind the Cabot YMCA.
Ordinance to take effect upon Publication and Final Passage.
First Reading: Tuesday, 6 September 2016
Advertised in the Salem News on 10 September 2016
Second Reading: Monday, 19 September 2016
Final Passage: Monday, 19 September 2016
Order read once and adopted — Vote: 9 -0
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. W11C
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD
Traffic /safety Sergeant (Amended Ordinance) re: Additional Handicapped Parking space at 14
Chestnut 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: 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: one additional handicapped accessible parking space in front of 14 Chestnut Street
Ordinance to take effect upon Publication and Final Passage.
First Reading: Tuesday, 6 September 2016
Advertised in the Salem News on 10 September 2016
Second Reading: Monday, 19 September 2016
Final Passage: Monday, 19 September 2016
Order read once and adopted — Vote: 9 -0
Public Hearings:
1. 7:45 PM - #204 - National Grid re: 102 Cherry Hill & Sam Fonzo Drive — Public Hearing
held & Closed, Referred back to Public Services
2. 7:50 PM - #205 — National Grid re: 102 Cherry Hill Drivere: — Public Hearing held &
Closed, Referred back to Public Services
3. 7:55 PM - #206 — National Grid re: 22R Lothrop Street & Quincy Park - Public Hearing
held & Closed, Referred back to Public Services
Reports of Committees:
.
The Committee on Public Services, to whom was referred the matter of Petition — National Grid re:
102 Cherry Hill & Sam Fonzo Drives, have considered said matter and beg leave to report as
follows:
Recommend the Petition be granted
Order read once and adopted. Vote: 9 -0.
145
#205
The Committee on Public Services, to whom was referred the matter of Petition — National Grid re:
102 Cherry Hill Drive, have considered said matter and beg leave to report as follows:
Recommend the Petition be granted
Order read once and adopted. Vote: 9 -0.
#206
The Committee on Public Services, to whom was referred the matter of Petition — National Grid re:
22R Lothrop Street, have considered said matter and beg leave to report as follows:
Recommend the Petition be granted
Order read once and adopted. Vote: 9 -0.
#209
The Committee on Public Services, to whom was referred the matter of Communication — Mayor re:
Appointment to Commission on Disabilities — Ms. Nancy Houghton, 20 Sohier Road, Apt. #707, have
considered said matter and beg leave to report as follows:
Recommend the Council Approve the Appointment
Order read once and adopted. Vote: 9 -0.
#216
The Committee on Public Services, to whom was referred the matter of Petition — National Grid re:
Foster Street, have considered said matter and beg leave to report as follows:
Submit the accompanying Order and recommend its adoption:
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 3
October at 7:15 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA
relative to a Petition from National Grid to install 1 JO Pole on Foster St beginning at a point
approximately 425 feet Southwest of the centerline of the intersection of Foster St & Common
Lane. National Grid to install 1 JO Pole across from P1661 in order to be used as a riser pole for
30 and 32 Foster St. Primary and Secondary will be extended to P1661 -1 from P1661. An
Anchor will also be installed in the public Row for a dead end primary down guy.
Order read once and adopted. Vote: 9 -0.
#198
The Committee on Finance & Property, to whom was referred the matter of Communication —
Councilor Silva re: City Council's Auditors have considered said matter and beg leave to report as
follows:
Receive and Place on File
Order read once and adopted. Vote: 8 -1 (Councilor Silva opposed).
146
#213
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: Essex Heritage Matching Grant, 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.
#219
The Committee on Finance & Property, to whom was referred the matter of Application for Permit —
Sidewalk Dining Program — Tartine LLC, 192 Cabot Street, have considered said matter and beg
leave to report as follows:
Recommend the Application be Granted, pending the other Departments' Sign -offs
Order read once and adopted. Vote: 9 -0.
#197
The Committee on Finance & Property, to whom was referred the matter of Communication —
Council President re: Amended Ordinance on Compensation for Elected Officials, have considered
said matter and beg leave to report as follows:
Recommend the Council Approve the Request as Amended
Lengthy discussion ensued on this Measure, followed by these Amendments:
1. Councilor Silva offered an Amendment, seconded by Councilor Houseman, that the
Mayor's Salary be increased by $5000 as follows:
Fiscal Year 2018
$105,000
Fiscal Year 2019
$110,000
Fiscal Year 2020
$115,000
Fiscal Year 2021
$120,000
Amendment adopted. Vote: 6 -3 (Councilors Lang, Rand, St. Hilaire opposed).
2. Councilor Martin offered an Amendment, seconded by Councilor Houseman, that the
School Committee Members salary be increased to be 'h of the salary of City Council
Members, and that the School Committee President's salary be increased to be 'h of the
salary of the City Council President.
Amendment adopted. Vote: 9 -0.
3. Councilor Silva offered an Amendment to his previous Amendment on advice of the
Assistant City Solicitor, seconded by Councilor Houseman, that the effective dates of the
Mayor's salary increases be the beginning of the calendar years mentioned, rather than
the beginning of the fiscal years mentioned.
Amendment adopted. Vote: 6 -3 (Councilors Lang, Rand, St. Hilaire opposed).
4. Councilor Martin offered an Amendment, seconded by Councilor Silva, that the Council
must review the annual salaries of the Mayor, City Council, and School Committee in
January of each even - numbered year
Amendment adopted. Vote: 9 -0.
Resolutions: None
Presentations, Awards and Memorials: None
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Unfinished Business: None
Motions and Orders: None
Meeting Adjourned: 8:35 PM Attest: D. Wesley Slate, Jr.
City Clerk
In