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Minutes - Monday 2 October 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 2 October 2017 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber Called to Order @ 7:03 PM Roll Call: John P. Frates Jr.(absent), 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 Frates Moment of Silence: 1. William "Bill" F. Mahoney, Chair, Beverly Airport Commission & USMC Veteran 2. John Ostrander, Beverly Transportation (14 years' service) Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): Anyone who would like to speak at the Meeting has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each). None Presentations, Awards and Memorials: 1. Chief Paul Cotter, BFD — Promotions — Lieutenants Brad Saunders & Matt Hart Acceptance of Minutes of Previous Meetings: 1. Monday, 18 September 2017 - Regular Meeting Vote to Approve: 9 -0 Presentations, Awards and Memorials (continued): 2. Mayor Michael P. Cahill — Update on the Waterfront 3. Wendy Pearl, Chair, Community Preservation Committee — a. Status of CPC Projects to Date b. #4098 - Round 5 Application Process Receive & Place on File - Vote: 9 -0 c. 2017 CPA Plan Resolutions: None Public Hearings: None 332 Communications from His Honor the Mayor: October 2, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City 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 53Arequires 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 October 2, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #499 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint subject to your review and recommendation Mr. Paul A. Minsky, 15 Lynn Shore Drive, Lynn to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Minsky's application, which has been approved by Police Chief John LeLacheur. Mr. Minsky's term will be effective from October 31, 2017 until October 31, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Attachment Referred to Legal Affairs 333 #500 October 2, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint subject to your review and recommendation Mr. Peter A. Davekos, 5 Brookhead Avenue, Beverly to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Davekos' application, which has been approved by Police Chief John LeLacheur. Mr. Davekos' term will be effective from October 31, 2017 until October 31, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Attachment Referred to Legal Affairs #501 October 2, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint subject to your review and recommendation Ms. Margaret O'Brien, 9 Willow Street, Beverly to serve as an Alternate Member of the Zoning Board of Appeals. Her term is effective until October 1, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Referred to Legal Affairs #502 334 October 2, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: Attached for your review and recommendation is a letter from Danvers Town Manager Steve Bartha nominating Tracy Wadsworth, 13AFellows Street, Danvers as one of the two Danvers' representatives on the Beverly Airport Commission. Ms. Wadsworth will be filling the seat left vacant by George Dawes. Her term is effective until December 31, 2017. Sincerely yours, Michael P. Cahill Mayor MPC /mal Attachment Referred to Public Services #503 October 2, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: As outlined in my Capital Expenditure Plan, the City has a number of water system projects that it must undertake in the near future to increase the system's reliability and performance for our citizens. The Pershing Avenue Pump Station is in need of improvements that will bring the building up to current codes, make some repairs to the building envelope and allow for more versatile pumping. The pumping modifications will allow the system to modify the flows maintaining system pressure while the Brimbal Avenue tank is taken temporarily out of service to be repainted. Overall, these pump house improvements will provide a more reliable and flexible system to its users. I respectfully request, an appropriation in the form of a loan order to perform this work during the coming winter season. The appropriation request is for $1,000,000 and the debt service associated with this authorization will be repaid through the City's water enterprise fund. Please initiate action on this matter at your next City Council meeting, October 2, 2017. This order will require a public hearing be set prior to a Council vote. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #504 335 October 2, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: As outlined in my Capital Expenditure Plan, the City has a number of water system projects that it must undertake in the near future to increase the system's reliability and performance for our citizens. One of the necessary projects is the paint and repair of the Brimbal Avenue standpipe. The standpipe has not been repainted since its original construction in 1993. The current paint is nearing the end of its useful life and we are noticing some coating wear inside and outside of the tank which if left alone could grow into a larger and more costly repair scenario. In addition to the painting, we intend to install some equipment to aid in the mixing of water which will improve quality and prevent ice formation during the winter months. I respectfully request an appropriation in the form of a loan order to perform this work which is scheduled to begin upon the completion of the Pershing Avenue Pump station project. The appropriation request is for $2,800,000 and the debt service associated with this authorization will be repaid through the City's water enterprise fund. Please initiate action on this matter at your next City Council meeting, October 2, 2017. This order will require a public hearing be set prior to a Council vote. Thank you. Sincerely yours, Michael P Cahill Mayor Referred to Finance & Pro Communications from other City Officers & Boards: #482A Beverly Police Department — Amended Ordinance #270 -64 "Parking in Bicycle Lanes" Referred to Leaal Affairs #505 Planning Board — Street Acceptance — 232 Essex ST (nka Pond View Lane) Referred to Public Services #506 336 Planning Board — Street Acceptance — Bass River Estates (off Folger Avenue) Referred to Public Services #507 Planning Director — Zoning Ordinance Amendment — 40R Smart Growth Overlay Referred to Legal Affairs #508 Planning Director — Zoning Ordinance Amendment — Solar Energy Systems Referred to Legal Affairs Communications, Applications & Petitions: #509 Petition — National Grid Plan #21086914 — Rantoul & Federal Streets Referred to Public Services #510 Petition — National Grid Plan #24668645 — Neptune Street & Neptune Court Referred to Public Services Unfinished Business (2 Reading): #495 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor St.Hilaire — Ordinance Amendment — Alcohol in Public Buildings, have considered said matter and beg leave to report as follows, to wit. 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 seventeen An Ordinance amending an Ordinance relative to: Chapter 113. "Alcohol Beverages ", Section 1 -A, "The possession or consumption of alcoholic beverages is prohibited in all public buildings except:" Amending Section 113 -1 as follows: 337 ADD: "(5) In the Beverly Public Library or the Beverly Farms Library with the permission of the Library Director." Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 18 September 2017 Pending Publication and Final Passage Second Reading: Monday, 2 October 2017 Final Passage: Monday, 16 October 2017 Order read once and adopted — Vote: 9 -0 #496 The Committee on Legal Affairs, to whom was referred the matter of Communication — OSRC — Ordinance Amendment — Report to the City Council, have considered said matter and beg leave to report as follows, to wit. 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 seventeen An Ordinance amending an Ordinance relative to: Chapter 15 -41 "Open Space and Recreation Committee" Amending Section 15 -41 B as follows: DELETE: "months", "March and October" & "a semi -" ADD: "month of October" & "an annual report" Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 18 September 2017 Pending Publication and Final Passage Second Reading: Monday, 2 October 2017 Final Passage: Monday, 16 October 2017 Order read once and adopted — Vote: 9 -0 Unfinished Business (Final Passage): #481 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic Sergeant — Handicapped Sign @ 20 Roundy Street, have considered said matter and beg leave to report as follows, to wit. 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 seventeen 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: Roundy Street At approximately 20 Roundy 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: Tuesday, 5 September 2017 Advertise and hold for Final Passage Second Reading: Monday, 18 September 2017 Final Passage: Monday, 2 October 2017 Order read once and adopted — Vote: 9 -0 338 Reports of Committees: #491 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Reappointments — Trustees of the David Lynch Public Parks Fund — Kevin Hobin, Joan Fairbank & Kathy Doane, 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 #498 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- DEP Grant — Engineering - $1500, 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: 9 -0 #503 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Loan Authorization — Pershing Avenue Pump Station, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 16 October 2017 at 7:50 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA, that the City appropriates the sum of One Million Dollars ($1,000,000) to pay costs of designing and constructing improvements to the Pershing Avenue Water Pumping Station, and for the payment of all other costs incidental and related thereto, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Section 8(4) or any other enabling authority and that the Mayor is authorized to take any other action necessary to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Order read once and adopted — Vote: 9 -0 #504 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Appropriation Request — Brimbal Avenue Water Tank - $2,800,000, have considered said matter and beg leave to report as follows, to wit. Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 16 October 2017 at 8:00 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA, that the City appropriates the sum of Two Million Eight Hundred Thousand Dollars ($2,800,000) to pay costs of repairing and repainting the Brimbal Avenue Standpipe, and for the payment of all other costs incidental and related thereto, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Section 8(4) or any other enabling authority and that the Mayor is authorized to take any other action necessary to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of 339 costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Order read once and adopted — Vote: 9 -0 #373 The Committee on Legal Affairs, to whom was referred the matter of Communication — Parking & Traffic Commission — No Parking Zone — West Side of Haskell Street from Rezza Road to Hale Street (Amended Ordinance), have considered said matter and beg leave to report as follows, to wit. 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 seventeen An Ordinance amending an Ordinance relative to: Chapter 270: "Vehicles and Traffic ", Article VI. "Stopping, Standing & parking Restrictions ", Section 270- 41 "Parking prohibited at all times ", Amending Section 270 -41 as follows: DELETE: Haskell Street West From utility pole #1741 south to Hale Street ADD: Haskell Street West From Rezza Road to Hale 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, 2 October 2017 Second Reading: 16 October 2017 Pending Publication and Final Passage Final Passage: Monday, 6 November 2017 Order read once and adopted — Vote: 9 -0 #464 The Committee on Legal Affairs, to whom was referred the matter of Communication — Jeffrey Stanett, 11 Colgate Road / Marblehead — Parking Issue @ 60 River Street, have considered said matter and beg leave to report as follows, to wit. Receive and Place on File Order read once and adopted — Vote: 9 -0 #482A The Committee on Legal Affairs, to whom was referred the matter of Communication — Beverly Police Department — Amended Ordinance — Ch. 270, New Section #270 -64 "Parking in Bicycle Lanes" have considered said matter and beg leave to report as follows, to wit. 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 seventeen An Ordinance amending an Ordinance entitled Chapter 270. "Vehicles and Traffic ", Article VI: "Stopping, Standing and Parking Restrictions" As follows: By adding a new Section 270 -64 "Parking in Bicycle Lanes "No person shall park a vehicle in a bicycle lane established under 270 -37." And By adding to the fine schedule in 270 -63: Violation Fine 340 Bicycle Lane $50 Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 2 October 2017 Second Reading: Monday, 16 October 2017 Pending Publication and Final Passage Final Passage: Monday, 6 November 2017 Order read once and adopted — Vote: 9 -0 #492 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand — Reappointment — OSRC — Marilyn McCrory, 2 Lovett Court — Ward 2 Representative, have considered said matter and beg leave to report as follows, to wit. Recommend the Council Approve the Reappointment Order read once and adopted — Vote: 9 -0 #509 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #21086914 — Rantoul & Federal Streets (Set a Public Hearing), have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 16 October 2017 at 7:30 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to a Petition from National Grid — Plan #21086914 Rantoul Street — National Grid to install 2 -3" conduits from pole #2383 to DOT hanhole on Federal and Rantoul St intersection for service to the traffic control box. Order read once and adopted — Vote: 9 -0 #510 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #24668645 — Neptune Street & Neptune Court (Set a Public Hearing), have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 16 October 2017 at 7:40 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to a Petition from National Grid — Plan #24668645 Neptune Street — National Grid beginning at a point approximately 34ft NNW of the centerline of the intersection of Neptune Ct and Neptune St and continuing approximately 87ft in a NNE direction. National Grid to install 4 -4" PVC conduits from MH 463 - A to property line of 61 Neptune St, 2 -4" PVC conduits from MH 463 -A to 59 Neptune St all encased in concrete and all appurtenance in Neptune St, Beverly, Mass 01915. Order read once and adopted — Vote: 9 -0 341 Motions and Orders: None Meeting Adjourned: 8:47 PM Attest: D. Wesley Slate, Jr. City Clerk 342 342