Minutes - Monday 5 December 2016Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 5 December 2016 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber
Called to Order @ 7:05 PM
Roll Call: John P. Frates Jr. (arrived @ 7:18 PM), 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 Lang
The Council President asked for a Moment of Silence for William M.
McPherson, Jr., Deputy Chief, BFD (retired) and afterward made comments
on Chief McPherson's career and mentioned his appearance at the
Veterans Park ceremony two years ago when he described his experiences
in the U. S. Navy in the South Pacific during World War l/.
Resolutions: None
Comments by Citizens (subject to the conditions contained in
Appendix A to the "Rules and Orders "): None
Presentations, Awards & Memorials: None
Acceptance of Minutes of Previous Meetings:
1. Monday, 21 November 2016 - Regular Meeting - Vote to Accept: 8 -0
Communications from His Honor the Mayor:
#271
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Timothy Creamer,
36 Appleton Avenue, Beverly to serve as Constable in the City of Beverly for the express
purpose of serving Civil Process.
Attached is Mr. Creamer's application, which has been approved by Police Chief John
LeLacheur.
Mr. Creamer's term will be effective until November 30, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
.,
#272
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Rene Arroyo, 163
Essex Street, Beverly to serve as Constable in the City of Beverly for the express purpose
of serving Civil Process.
Attached is Mr. Arroyo's application, which has been approved by Police Chief John
LeLacheur.
Mr. Arroyo's term will be effective until November 30, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#273
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Ms. Debra M.
Ruehrwein, 32 Pine Street, Wakefield to serve as Constable in the City of Beverly for the
express purpose of serving Civil Process.
Attached is Ms. Ruehrwein's application, which has been approved by Police Chief John
LeLacheur.
Ms. Ruehrwein's term will be effective until November 30, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
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#274
December 5, 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 Parks and Recreation Commission:
Jan J. Jeffgood 5 Sunnyvale Street
Henry R. Pizzo, III 4 Sunnyvale Street
Their terms are to be effective until December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Public Hearings:
1. 7:10 PM - #261 — Public Hearing re: National Grid #21162817 — Bridle
Path Lane & Hart Street - Public Hearing held and closed, referred
back to Public Services
2. 7:15 PM - #249 — Public Hearing re: Communication — Chair, Board of
Assessors — Allocation of FY2017 Tax Levy Percentages - Public
Hearing held and closed, referred back to Finance & Property
3. 7:30 PM - #211 — Joint Public Hearing with City Council & Special Meeting
of Planning Board re: Folly Hill property — Recessed to Monday, 6
February 2017 @ 7:30 PM — Vote: 9 -0.
Communications from His Honor the Mayor (continued):
#275
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Susan Higgins, 17
Crosby Avenue, Beverly to serve on the Board of Health.
we
Her term is to be effective until December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#276
December 5, 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 Design Review Board:
Joel Margolis, 1 Worthington Green — Board of Appeals representative
Sandra Cook, 23 Broadway
Their terms are to be effective until December 1, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#277
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Paul Earl, 6 Quincy
Park, Beverly to serve on the Beverly Harbor Management Authority.
His term is to be effective until December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
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#278
December 5, 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 Planning Board:
Ellen Hutchinson 4 Concord Terrace
John Thomson 9 Thoreau Circle
Edwin (Ned) Barrett, III 4 Noble Hill Road
Their terms are to be effective until December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#279
December 5, 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 David S. Lynch Fund:
Mark L. Flagg 36 Hale Street
Joyce Frisello 62 Hathaway Street
Kathy Doane 83 Bisson Street Beverly Friendly Garden Club
representative
Mr. Flagg and Ms. Frisello's terms are to be effective until September 30, 2019. Ms.
Doane's appointment is effective until September 30, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
..
#280
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached for your review and consideration is an order amending an ordinance entitled
Veterans' Memorial Advisory Committee and enacting an ordinance establishing the
position of Veterans' Graves Officer.
Sincerely yours,
Michael P. Cahill
Mayor
In the year two thousand and sixteen
An order amending an ordinance entitled Veterans' Memorial Advisory Committee
and enacting an ordinance establishing the position of Veterans' Graves Officer
Be it ordained by the City Council of the City of Beverly as follows:
By deleting § 15 -48 of Article II of Chapter 15 of the 2016 revised Ordinances of the
City of Beverly entitled "Veterans' Memorial Advisory Committee" in its entirety:
and by replacing it with the following new Section 15 -48:
" §15 -48 Veterans Advisory Committee
(a) Establishment, Composition
There is hereby established a Veterans Advisory Committee. This Committee
shall consist of thirteen (13) total members serving without compensation, who
shall be appointed by the Mayor, subject to confirmation by the City Council for a
term of 3 years. Initial appointments of members shall be for staggered terms. At
least a majority of the total members shall at all times be veterans. The Director
of Veterans' Services shall serve, by virtue of office, as a member of the
Committee. The Veterans' Graves Officer appointed by the Mayor according to
§58 -45 shall also serve as a Member of the Committee. Members may be
removed in accordance with the provisions of the City Charter. Notwithstanding
§ 15 -8, the Mayor may appoint, subject to confirmation by a two thirds vote of the
City Council, members who are not residents of the City of Beverly.
(b) Authority and responsibilities
MThe Veterans Advisory Committee shall act in an advisory capacity to the
Mayor, City Council, and other interested departments, boards, commissions or
committees and to the citizens of Beverly relative to any and all matters
concerning military veterans.
24A majority of the appointed members presently named and serving on the
Committee shall constitute a quorum. A majority of the members presently named
and serving on the Committee shall be necessary for the approval or disapproval
of any recommendation.
(4 The Committee shall at its first meeting vote to elect a Chair, Vice Chair and
Secretary of the Committee. The Committee shall adopt rules and regulations for
keeping accurate minutes of its meetings.
4�The Committee's functions shall include, but are not limited to, the following:
..
The Committee shall serve as a resource to the City of Beverly and the
public. The Committee may provide education and support to help raise
awareness on Veteran related matters.
The Committee shall provide the public with contacts to agents of
federal, state and local agencies that provide services to veterans and their
families.
Cc) - The Committee shall assist The City of Beverly's Director of Veterans'
Services in coordinating annual and ad hoc veteran related community
events, such as parades, remembrances or other such events.
The Committee shall provide continuing oversight of the condition of
each of the several veterans memorials of the City and shall from time to
time, not less frequently than annually, file a report to the Director of
Veteran Services with recommendations as to any needed repairs, upkeep,
maintenance and improvements to such memorials as in its judgment may
be necessary or advisable. Whenever the Committee believes an
expenditure of funds in excess of ordinary maintenance is required to be
made, it shall submit its report containing such recommendation in time to
be considered as part of the capital improvement plan."
Be it further ordained by the City Council of the City of Beverly as follows:
By adding the following new Section §58 -45 to Article IV of Chapter 58 entitled
Veterans' Graves Officer:
58 -45 Veterans' Graves Officer
The mayor shall appoint a resident of Beverly who shall be a veteran as defined in clause
Forty -third of section seven of chapter four of the Massachusetts General Laws, as a
Veterans' Graves Officer, for a term to be determined by the Mayor but shall not exceed
five years. It shall be the duty of such veterans' graves officer to cause every veteran's
grave within Beverly to be suitably kept and cared for. Such care shall include the
clearing of weeds and other unseemly growth from said graves; the repairing,
replacement and general up -keep of fences around said graves; the raising and repairing
of sunken grave stones and markers and other similar services that may be necessary to
restore and maintain such graves and their surroundings in an orderly condition. If the
cost of such care and maintenance is not paid by private persons, or by the trustees of the
cemeteries where any such grave is situated, it shall be paid by the City."
City Ordinance References: §15-48
State Law References M.G.L. c. 115 § 9; M.G.L. c. 4 §7 cl. 43.
Referred to Legal Affairs
#281
December 5, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. William Mahoney, 10
Beverly Hills Avenue, Beverly to serve on the Beverly Airport Commission:
His term is to be effective until December 31, 2019.
190
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Council President entertained a Motion to accept a Late File from His Honor
the Mayor - Approved — Vote: 9 -0
#290
December 2, 2016
The Honorable City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
Re: Beverly City Clerk's Office and Registrar of Voters
Dear Honorable Council:
I respectfully submit the attached resolution for the Council's consideration
recognizing the outstanding work done by our City Clerk's Office and Registrars
of Voters during the early voting that was conducted as part of the 2016 election.
Sincerely yours,
Michael P. Cahill
Mayor
RESOLUTION
Beverly City Clerk's Office and Registrar of Voters
WHEREAS: For the first time ever, in the 2016 election Massachusetts
voters were able to cast their ballots before Election Day; and
WHEREAS: The City Clerk's Office was open for early voting beginning
October 24, 2016 and ending November 4, 2016, including late and Saturday
hours; and
WHEREAS: The City Clerk's office and the Registrars of Voters ensured
that there were more than adequate staff and election workers to effectuate a
smooth electoral process; and
WHEREAS: 6705 Beverly voters made use of the early voting; and
WHEREAS: The City of Beverly has received accolades and
commendations for its early voting;
NOW THEREFORE BE IT RESOLVED: that the Mayor and the City Council of
the City of Beverly hereby commend the Beverly City Clerk's Office, the
Registrars of Voters and the election workers who assisted in the early
voting, for their diligence, professionalism, and excellence in providng the
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citizens of Beverly with this early voting opportunity for the first time, and
that the City Clerk spread a copy of this Resolution upon the City records.
Order read once and adopted — Vote: 9 -0
Communications from other City Officers & Boards:
#247
Communication — Search Committee — Council's Budget / Management Analyst
& Recommendation
Received and Placed on File — Vote: 9 -0
#282
Communication — City Clerk — 2017 Lodging House Licenses
Referred to Legal Affairs
#283
Communication — City Clerk — 2017 Amusement Device Licenses
Referred to Legal Affairs
#284
Communication — City Clerk — 2017 1 2n & 3 d Class Motor Vehicle Dealers
Licenses
Referred to Legal Affairs
#285
Communication — City Clerk — 2017 Taxi and /or Livery Licenses
Referred to Legal Affairs and the BPD Traffic / Safely Sergeant
Communications, Applications & Petitions:
#286
Communication — PERAC to the Beverly Retirement Board — Appropriation for
Fiscal Year 2018
Received and Placed on File — Vote: 9 -0
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#287
Communication — MA -DEP re: Issuance of Chapter 91 Waterways License No.
14258, Beverly Harbor, Beverly, Essex County
Received and Placed on File & Referred to the Harbor Management
Authoritv — Vote: 9 -0
#288
Communication — MA -DEP Waterways Regulation Program — Notice of License
Application pursuant to MGL CH.91 #W16 -4816, Paul Earl residence, 6 Quincy
Park
Received and Placed on File — Vote: 9 -0
Communication — Communication — Atty. Thomas J. Alexander, Alexander &
Femino — Open Space Conveyance and Right -of -Way Modification — Standley
Street Gardens & Emily Way (paper street)
Referred to Leizal Affairs
Council President entertained a Motion to accept a Late File — Approved -
Vote: 9 -0
#291
Commmunication — MassDevelopment — Bridgewell, Inc. project (5 Wayland DR
& 17 Wedgemere RD) — Notice of Public Hearing on Tuesday, 6 December 2016
@ 11:00 AM, 99 High ST, F -11 /Boston
Received and Placed on File — Vote: 9 -0
Final Passage
#197A
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 entitled Chapter 69: "Personnel"
That Article II; "Classification and Pay Plan" be amended by adding the following section
§69.12 "Unclassified Salaries"
The compensation of the officer(s) mentioned in this section shall be at the following rates per
annum, except as otherwise provided, payable in equal weekly payments:
Mayor:
January 1, 2018 $105,000.00
January 1, 2019 $110,000.00
January 1, 2020 $115,000.00
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January 1, 2021 $120,000.00
School Committee:
School Committee Members: 'h of annual salary of City Council Members
School Committee President: 'h of annual salary of City Council President
Biannual Review:
The annual salaries of the Mayor, City Council, and School Committee shall be reviewed
by the City Council in each even - numbered year.
This Ordinance to take effect as per Charter provisions
Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for
public review.
First Reading: 6 September 2016
Second Reading: 7 November 2016.
Final Passage: 21 November 2016
Order read once & adopted — Vote: 9 -0
#248
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 315 -15 "Inclusionary Housing Regulations"
Appendix E — Fee in Lieu of Affordable Housing Unit
Table 1 — Fee in Lieu of Affordable Housing Units Fiscal Year 2017
UPDATE OF INCLUSIONARY HOUSING "SUBMISSION REQUIREMENTS, PROCEDURES &
SUPPLEMENTAL REGULATIONS" unanimously voted to update Appendix E of the above -
referenced document. This vote was taken pursuant to Section 315 -15 entitled "Fee in Lieu of
Units" which requires that the Planning Board update the fee schedule.
First Reading: Monday, 7 November 2016
Second Reading: Monday, 21 November 2016
Final Passage: Monday, 5 December 2016
Order read once & adopted — Vote: 9 -0
#250
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 192 -46 "Hawkers & Peddlers"
Add to A:
(2) A fee of $100 is required upon application.
(3) A licensee under this section may apply to add up to 4 additional persons to be
licensed as part of his /her license for no additional fee. Each additional person applied
for under this license shall be required to receive the Chief of Police's recommendation,
194
but shall not need to be reviewed by the City Council. If a licensee seeks to add more
than 4 additional persons to his /her license, an additional fee of $100 is required upon
application and such request shall go before the City Council. The licensee shall be held
responsible for all actions of any additional persons licensed.
First Reading: Monday, 7 November 2016
Second Reading: Monday, 21 November 2016
Final Passage: Monday, 5 December 2016
Order read once & adopted — Vote: 9 -0
Reports of Committees:
#249
The Committee on Finance & Property, to whom was referred the matter of Communication - Chair,
Board of Assessors — Allocation of FY2017 Tax Levy Percentages, have considered said matter and
beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted - Vote: 8 -1, Councilor St.Hilaire Against
#263
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Reappointment of Bryant Ayles — Director of Municipal Finance / Treasurer, 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
#262
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointment of Aaron Clausen — Director of Planning & Development, 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
#264
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointment — Stephanie Williams — City Solicitor, 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
195
#283
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk —
2017 Amusement Device Licenses, have considered said matter and beg leave to report as follows:
Recommend the Licenses be granted, pending completion of all the necessary paperwork required
for licensing
Order read once and adopted. Vote: 9 -0
#285
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk —
2017 Taxi and /or Livery Licenses, have considered said matter and beg leave to report as follows:
Recommend the Licenses be granted, pending completion of all the necessary paperwork required
for licensing, and approval of the BPD Traffic /Safety Sergeant
Order read once and adopted. Vote: 9 -0
#289
The Committee on Legal Affairs, to whom was referred the matter of Communication — Atty. Thomas
J. Alexander, Alexander & Femino — Open Space Conveyance and Right -of -Way Modification —
Standley Street Gardens & Emily Way (paper street), have considered said matter and beg leave to
report as follows:
Recommend the Council Approve the Right -of -Way Modification only; the Open Space Conveyance
will be Held in Committee as Order #2016 -289A for further consideration
Order read once and adopted. Vote: 9 -0
#261
The Committee on Public Services to whom was referred to matter of Petition — National Grid —
Plan #21162817, Bridle Path Lane & Hart Street have considered said matter and beg leave to
report as follows, to wit:
Recommend the Petition be granted
Order read once and adopted. Vote: 9 -0
#265
The Committee on Public Services to whom was referred to matter of Communication — Mayor —
Reappointments — Karen Bloodgood & Debra Margolis — Commission on Disabilities, have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council Approve the Reappointments
Order read once and adopted. Vote: 9 -0
Unfinished Business: None
Motions and Orders: None
Meeting Adjourned: 8:33 PM Attest: D. Wesley Slate, Jr.
City Clerk
196