Minutes - Monday 15 October 2018Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 15 October 2018 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:03 PM
Roll Call: Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr. -Vice President,
Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand,
Paul M. Guanci- President.
Pledge of Allegiance to the Flag: BHS Marine JROTC Cadets
Moment of Silence: None
Presentations, Awards and Memorials:
1. RADM Andrew J. Tiongson, Commander 1s District, U. S. Coast Guard,
Introduced by Councilor Latter, USAF Veteran, who mentioned the City and
Council's adoption of the Military Community Covenant and the Admiral's
predecessor, Admiral Neptune, who attended a Council Meeting on this subject
in the past.
2. Leah Jones, Chair, Beverly Human Rights Committee along with other
Members of the Human Rights Committee discussed their recent activities and
discussions on the Committee and stated their support for Councilor Flowers'
Resolution ( #2018 -212) for Ballot Question #3.
Comments by Citizens (subject to the conditions contained in Appendix
A to the "Rules and Orders of City Council "): 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):
1. Julie Macsata, 28 Taft Avenue
2. Vanessa Ford & Family, 180 Lothrop Street
3. Lorinda Visnick, 39 Middlebury Lane
All speakers stated their support for #2018 -212, Councilor Flowers' Resolution
Public Hearings:
1. 7:45 PM - #205 —Community Preservation Committee Proposed CPA FY19
Budget
Public Hearing held & closed — Referred back to Finance & Property
Resolutions:
1. #212 - Affirming the Values of the City of Beverly and Massachusetts Non -
Discrimination Laws Prohibiting Discrimination in Places of Public Accommodation
on the Basis of Gender Identity and Gender Expression (Councilor Flowers)
All Councilors spoke on Councilor Flowers' efforts in writing and seeking support for her
Resolution, and whether they would support it regardless of their respective support for
Question #3 on the State Election Ballot. Council President entertained a Motion to allow
him to vacate the Chair to speak on the Resolution. Approved — Vote: 9 -0.
190
Council Vice President Frates assumed the Chair and recognized Council President to
speak on the Resolution. Upon completion of each Councilors' remarks, Acting Council
President called for a Roll Call Vote:
Councilor Flaherty — No
Councilor Flowers — Yes
Council Vice President Frates — Yes
Councilor Houseman — Yes
Councilor Lang — Yes
Councilor Latter - No
Councilor, Dean, Martin — No
Councilor Rand — Yes
Council President Guanci —Yes
Approved: 6 -3 (Flaherty, Latter & Martin Against)
Acceptance of Minutes of Previous Meetings:
1. Monday, 1 October 2018 — Regular Meeting
Vote to Approve: 9 -0
Communications from His Honor the Mayor:
#209
October 15, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly has received two $100 gift cards for our Fire
and Police Department personnel as a thank you for successful community policing from senior
citizens who receive services at the Council on Aging.
Massachusetts General Law Chapter 44 Section 53Arequires both city council and mayoral
approval before any grant or gifts to the city can be expended for their prescribed purpose. I
therefore request the city council approve this grant by taking action on this matter at your
upcoming meeting of the City Council on October 15, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
cc: Catherine Barrett
Fire Chief Paul Cotter
Police Chief John LeLacheur
Referred to Finance & Pro
191
#0270
October 15, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
This evening I am submitting to you a document titled City of Beverly Financial Policies and
Guidelines. It has long been held as a best practice in the finance field to formalize operating
guidelines and practices relating to financial operations into a consolidated document. Our goal
is to provide an easily accessible framework for the public and local policy makers, for both the
near term and for many years to come. I particularly want to thank the City Council for your
partnership and valuable input throughout this process, as well as both Mr. Ayles and Mr. Perry.
I respectfully request that the City Council receive this document and place it on file. As City
Council support of these financial policies and guidelines would be viewed positively by bond
rating agencies and other stakeholders, I also respectfully request that the City Council adopt a
resolution in support of this newly published document.
Sincerely yours,
Michael P. Cahill,
Mayor
Attachment
Referred to Finance & Property & Councilor Houseman to develop a
Resolution as his original Order #2018 -027 began this process.
#211/A/B
October 15, 2018
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: Imposition of Local Sales Tax and Limit on Number of Retail Establishments
Dear Honorable Council:
As you are aware, the sale and use of recreational marijuana was legalized by state ballot
question on November 8, 2016. Municipalities such as Beverly have some ability to regulate the
sale of marijuana by, among other things, limiting the number of retail establishments, imposing
a local sales tax, and zoning. Enclosed for your consideration and approval are three orders that
would establish a limit on the number of retailers and impose a local tax on the retail sale of
marijuana:
#211
1. An order accepting the local sales tax option established by M.G.L. ch. 64N, section 3.
Approval of this order will allow the City to impose a local sales tax upon sale or transfer
of marijuana or marijuana products by a marijuana retailer to anyone other than a
marijuana establishment at a rate not greater than 3 per cent of the total sales price
received by the marijuana retailer;
192
#211A
2. An order imposing a local tax of 3 percent on the total sales price received by marijuana
retailers operating in the City as payment for the sale of marijuana or marijuana products;
and,
#211 B
3. An order limiting the number of marijuana retailers within the City to no more than
twenty percent (20 %) of the number of liquor store licenses issued within the City.
A proposed ordinance ( #2018 -213) regarding the zoning of marijuana establishments is being
filed under separate cover.
Sincerely yours,
Michael P. Cahill
Mayor
In the year Two Thousand and Eighteen
An Ordinance to place a limitation on the number of marijuana retailers that may be located
within the City pursuant to Massachusetts General Law Chapter 94G, Section 3.
Be it ordained by the City Council of the City of Beverly, as follows:
Chapter 215. Offenses and Miscellaneous Provisions is hereby amended by adding a new
Section 17:
Retail marijuana establishments; limits.
The number of marijuana retailers, as defined in Chapter 300, Section 5, within the city shall be
limited to no more than twenty percent (20 %) of the number of licenses issued within the city for
the retail sale of alcoholic beverages not to be drunk on the premises where sold under section 15
of chapter 138 of the General Laws. Marijuana retailers lawfully operating shall not be barred
by this section from continuing to do so in the event that there is a reduction in the number of
aforementioned licenses after such marijuana retailer receives all necessary state and local
approvals.
Ordered:
Pursuant to Massachusetts General Law Chapter 64N, Section 3 which permits the imposition of
a local sales tax upon sale or transfer of marijuana or marijuana products by a marijuana retailer
to anyone other than a marijuana establishment, the City hereby imposes a local tax of three
percent (3 %) upon the total sales price received by the marijuana retailer as consideration for the
sale of marijuana or marijuana products.
Ordered:
The City of Beverly hereby accepts Massachusetts General Law Chapter 64N, Section 3 which
allows the City to impose a local sales tax upon sale or transfer of marijuana or marijuana
products by a marijuana retailer to anyone other than a marijuana establishment at a rate not
greater than three percent (3 %) of the total sales price received by the marijuana retailer as a
consideration for the sale of marijuana or marijuana products.
Referred to Finance & Proper1y (2 It & 211A) and Legal Affairs (211B�
193
#212A
October 11, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I understand that at Monday's meeting you will receive and consider a proposed resolution in
support of transgender rights generally and "Yes on Ballot Question 3" specifically.
I want to thank Councilor Julie Flowers for bringing this resolution forward and share with you
that I have joined the Massachusetts Mayors for Freedom in support of transgender rights and
Yes on Ballot Question 3 to preserve and protect these basic rights for our transgender friends,
neighbors, co- workers and family members.
Below is the language of the Mayors' Coalition pledge:
Massachusetts' current non - discrimination law ensures fair and equal treatment for our
transgender neighbors, family and friends.
With these non - discrimination protections in place, people across the Bay State have
been able to live their lives free from the threat of being discriminated against in public
places like restaurants, public transportation and doctor's offices just because of who
they are.
Our cities are safer and our state thrives when transgender people are afforded
explicit protections in public spaces.
That's why we are standing together to support these protections.
I wish you well in your deliberations Monday evening, and I respectfully request that you receive
and place this letter on file.
Sincerely yours,
Michael P. Cahill
Received and Placed on File — Vote: 9 -0
Communications from other City Officers & Boards:
#208
Communication — City Clerk — Renumbering Order #2018 -202 — Communication —
Mayor — Airport Commission Appointment — Aaron Henry, Danvers Representative
Approved on the Floor — Vote: 9 -0
#213
194
Communication — Planning Director — Proposed Amendment to the Beverly Zoning
Ordinance Establishing Land Use Categories & Regulations for Marijuana
Establishments (Set a Joint Public Hearing with the Planning Board)
Referred to Legal Affairs to Set a Joint Public Hearing with the Planning
Rnard
Council President entertained a Motion to Accept a LATE FILE from the Ci
Clerk — Approved - Vote: 9 -0
#216
Communication — City Clerk — List of Election Workers — State Election — Tuesday, 6
November 2018 from 7:00 AM to 8:00 PM
Approved on the Floor — Vote: 9 -0
Communications, Applications & Petitions:
#214
Communication — Mass -DEP — Ch. 91 Waterways License $14778 — Tuck Point
Condominium Trust
Received and Placed on File — Vote: 9 -0
#215
Petition — National Grid — Plan #26988429 — 31 Ocean Street (Set a Public Hearing)
Referred to Public Services to Set a Public Hearin
#201A
Petition — National Grid — Plan #26044803 — Rantoul & Wallis Streets (Set a Public
Hearing)
Referred to Public Services to Set a Public Hearin
Unfinished Business: None
Motions and Orders: None
195
Reports of Committees:
#209
The Committee on Finance & Property to whom was referred the matter of Communication – Mayor –
Acceptance of Gift Cards - $200 – Council on Aging -> BFD & BPD, 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
#213
The Committee on Legal Affairs to whom was referred the matter of Communication – Planning Director –
Proposed Amendment to the Beverly Zoning Ordinance Establishing Land Use Categories & Regulations
for Marijuana Establishments, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Order and recommend its adoption:
ORDERED: that the Beverly City Council and the Beverly Planning Board will hold a Joint Public Hearing
on Monday, 5 November 2018 @ 8:00 PM in City Hall, 191 Cabot Street – 3r Floor, Council Chamber,
Beverly, MA, relative to a Proposed Amendment to the Beverly Zoning Ordinance establishing Land Use
regulations for Marijuana Establishments.
Order read once and adopted — Vote: 9 -0
#201A
The Committee on Public Services to whom was referred the matter of Petition – National Grid – Plan
#26044803 - Rantoul & Wallis Streets, 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, 5 November
2018 @ 7:35 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative a
Petition from National Grid – Plan #26044803 for National Grid to install beginning at a point
approximately 190' feet East /Southeast of the centerline of the intersection of Park St and Wallis St and
continuing approximately 271 feet in an Easterly direction. National Grid to install 2 -4' PVC conduits
encased in concrete from pole #4298 to proposed MH 2O -1, the installation of 4 -4" PVC conduits encased
in concrete in Wallis Street from proposed MH 2O -1 to existing MH 18 -1 and the installation of 4 -4" PVC
from MH 19 -1 to the property line of 211 Rantoul and the installation of 4 -4" PVC conduits encased in
concrete from the property line of 211 Rantoul St to the property line of 199 Rantoul St.
Order read once and adopted — Vote: 9 -0
#215
The Committee on Public Services to whom was referred the matter of Petition – National Grid – Plan
#26988429 – 31 Ocean Street, 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, 5 November
2018 @ 7:30 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative a
Petition from National Grid — Plan #26988429 for National Grid to install beginning at a point
approximately 30' feet West of the centerline of the intersection of Ocean St and continuing
approximately 7 feet in a westerly direction. National Grid to trench approximately 7' from existing
196
handhole 614 -H in the sidewalk to proposed handhole inside the customer's property. National Grid will
pull new cable from manhole 615 -A to handhole 614 -H using existing conduit.
Order read once and adopted — Vote: 9 -0
#201
The Committee on Public Services to whom was referred the matter of Petition — National Grid — Plan
#26100063 — Rantoul & Wallis Streets, 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
Meeting Adjourned: 9:07 PM Attest: D. Wesley Slate, Jr.
City Clerk
197
197