Minutes - Monday 17 December 2018Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 17 December 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: Councilor Lang
Moment of Silence:
1. Firefighter Christopher Roy, Worcester Fire Department
2. Kathleen F. Long, Mother of Officer Brian Long, Beverly Police Department
3. Pauline E. Collins, Mother of Officer Stephen R. Collins, Beverly Police
Department
Presentations, Awards and Memorials:
Introduction by Beverly Police Department Chief John G. LeLacheur
and Captain Timothy Hegarty
Swearing -In of Beverly Police Department Officers by the City Clerk
Sergeant Daniel Brown
Officer Joseph Archambault
Officer Blair Nickerson
Introduction by Animal Control Officer Matthew Lipinski
Assistant Animal Control Officer Caitlin Callahan
Introduction of Retirees by Captain Michael Devlin
Sergeant Russ Rollins
Officer Eric Lynch
Recognition of Beverly Police Department Officers by the Chief of Police:
Sergeant Michael Backstrom & Officer Daniel Skerry —
Citizens Advisory Council Officers of the Year
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): None
Resolutions: None
Public Hearings:
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1. 7:20 PM - #246 —Application for New License — Flammable and
Combustible Liquids, Flammable Gases and Solids — Rock Edge
Irrevocable Trust, 34 Paine Avenue. City Clerk informed that the Fire
Department was waiting on Council approval of the "land permit ", and
would only approve their own permit if the Council agreed to this;
suggestion was to make this approval subject to the Fire Department's
willingness to also issue their permit. No members of the public wished
to speak, so Council President declared the Public Hearing closed, and
referred the matter back to Legal Affairs.
2. 7:30 PM - #242 — Community Preservation Committee — Special (Out -of-
Cycle) Application CPA Project Funding Recommendation — John Cabot
House — Replace Failed Heating System — Historic Beverly (formerly
Beverly Historical Society), 117 Cabot Street. Sue Goganian, Executive
Director of Historic Beverly, spoke on the critical need for heat to be
restored in the building, given the age of the structure, and the nature of
the collections of historical materials present therein. Councilor Rand
asked if this Application was being considered in the "Historic
Preservation" category — Yes. She also asked if the CPC had received
any similar Applications in the past — Marilyn McCrory, Chair, CPC
answered Yes, the Beverly Golf & Tennis Club had submitted a similar
Application in the past, which had been approved by the Committee and
by the Council, for funding. Councilor Houseman asked if this work
would replace both heating systems. Ms. Goganian responded that it
would replace the two systems with one, based on the consulting
engineer's recommendation. Also speaking in favor were Trustee
Maureen Troubetaris who described the importance of preserving
Beverly's history and the critical role that Historic Beverly plays in that
regard. Trustee Patricia Grimes pointed out that Historic Beverly was
given an award for being #1 in the state among historic societies. She
also commented that she recently attended a holiday party at the Hale
House (another of the properties maintained by the organization, and it
really had a "Dickensian party and Christmas feeling" about the event
and how fortunate we are to have the three properties — the Cabot
House, the Balch House, and Hale House, how important it is to keep
them functions, and in the several years that she has served as a
Trustee she has seen so much activity going on there because of Sue
and others — Shakespeare in the Park at the Hale House during the
summer, walking tours, book club, so many activities going on in the
city, and the necessity to have heat in the building (both former City
Councilors). Council President commented that this is an appropriate
use of CPA funding, the 1 % on tax bills, and it is vital to the Executive
Director and volunteer Board and it is vital to their doing their job. Also
in attendance, Dr. Robert Buchsbaum, CPC Member. No members of the
public wished to speak, so Council President declared the Public
Hearing closed, and referred the matter back to Finance & Property.
3. 7:45 PM - #240 — Originally scheduled for Monday, 3 December 2018,
recessed until tonight @ 7:45 PM - Petition — National Grid — Plan
#27289322 — Wadsworth Place. The Representative from National Grid
confirmed the description of the project read by the Clerk from the Legal
Ad. Councilor Frates asked for clarification that the new service was
only for the two homes listed in the Petition, National Grid
Representative responded that that was correct. No members of the
public wished to speak, so Council President declared the Public
Hearing closed, and referred the matter back to Public Services.
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Acceptance of Minutes of Previous Meetings:
1. Monday, 3 December 2018 — Regular Meeting
Vote to Approve: 9 -0
2. Monday, 10 December 2018 —Special Meeting
Vote to Approve: 8 -0 -1 (Councilor Houseman had been absent and abstained)
3. Monday, 10 December 2018 —Executive Session
Vote to Approve: 8 -0 -1 (Councilor Houseman had been absent and abstained)
Communications from His Honor the Mayor:
#252
December 17, 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 been awarded a $10,800 Traffic
Enforcement and Equipment Program Grant from the Executive Office of Public Safety &
Security /Office of Grants & Research. This grant supports the Beverly Police Department's
traffic safety and enforcement efforts.
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 on December 17, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
cc: Catherine Barrett, Director of Grants
Police Chief John LeLacheur
Sgt. Antonio DiRuzza
Referred to Finance & Property
#253
December 17, 2018
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation, Mr. Kevin Andrews, 8 Home
Street, Beverly to serve as an alternate member of the Zoning Board of Appeals.
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His term is to be effective until October 1, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
Council President commented that if there were residents watching at home, there
are Boards and Commissions that do not have their full complement of Members,
so if they are interested, they should contact the Mayor's Office.
#254
December 17, 2018
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation the following citizens to serve as
Trustees of the David Lynch Parks Fund:
Ms. Kathy Doane, 83 Bisson Street — Friendly Garden Club representative 2019
Mr. Mark Casey, 16 Chapman Street 2021
Their terms are to be effective as noted above.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#255
December 17, 2018
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve
on the Board of Health:
Dr. Frank S. Carbone, Jr. 186 Hart Street, Beverly 2020
William J. Alpine, Jr., 10 Bass River Road, Beverly 2021
Their terms are to be effective as noted above.
Sincerely yours,
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Michael P. Cahill
Mayor
Referred to Public Services
#256
December 17, 2018
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation, Mr. Matt Ulrich, 16 James
Street, Beverly to serve on the Design Review Board.
His term is to be effective until December 1, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#257
December 17, 2018
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I hereby appoint, subject to your review and recommendation, Mr. John Swain, 60 Rantoul
Street, Unit #403N, Beverly to serve on the Waste Reduction Committee.
His term is to be effective until March 31, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Communications from other City Officers & Boards:
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#243A
Communication — Engineering G.I.S. Manager — Revised Hazard Mitigation Plan
Mr. Roland Adams, Engineering G.I.S. Manager, presented the Plan to the Council and
responded to questions on the changes made to it from the original version that had
been presented to the Public Services Committee at the last Regular Meeting of the
Council and Committee on Monday, 3 December 2018. Councilors asked questions
about the revisions, and the timing of its submission to the state and federal agencies
involved, and whether the City has any projects ready to go. Mr. Adams stated that the
City does not.
Referred to Public Services
#244A
Communication - City Clerk — Class I, II, or III Motor Vehicle Dealers Licenses for 2019 —
American Petroleum, Inc., 586 Cabot ST; BM Best Auto Sales, 42 Park ST; Beverly Farms
Motor LLC, 715 Hale ST; Generation 2000 Auto Sales LLC d /b /a Marshall Motors North,
94 Cabot ST; NDRN, Inc. d /b /a Five Star Auto Repair, 191 Essex ST
Referred to Legal Affairs
#250
Communication — City Clerk — Amusement Devices Licenses for 2019 — Beverly Salem
Lodge of Elks — 39 Bow Street; Herman A. Spear Post #331 /American Legion, 3 Judson
Street
Referred to Legal Affairs
#258
Communication — Council Budget /Management Analyst — Powers & Sullivan South
Essex Sewerage District — Report on Examination of Basic Financial Statements — Year
Ended 30 June 2018
Referred to Finance & Property
#259
Communication — Council Budget /Management Analyst — School Data Analysis
Referred to Finance & Property
Motions and Orders (2 Reading):
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#213A – Amended Ordinance – Ch. 300 - Zoning, amending Article II –
Definitions and Article V – General Provisions, and proposing a new
article to the Beverly Zoning Ordinance Chapter 300 – Marijuana:
Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and eighteen:
An ordinance amending an ordinance entitled Chapter 300 – Zoning,
amending Article II – Definitions and Article V – General Provisions, and
proposing a new article to the Beverly Zoning Ordinance Chapter 300.
First Reading: Monday, 3 December 2018
Advertised in the Salem News on Friday, 7 December 2018
Second Reading: Monday, 17 December 2018
Final Passage: Monday, 7 January 2019
Order read once and adopted — Vote: 9 -0
2. #231 – Amended Ordinance – Ch. 270 - Vehicles and Traffic amending
Section 41 (Parking prohibited at all times):
Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and eighteen:
An order amending an ordinance entitled Chapter 270- Vehicles and Traffic
amending Chapter 270 (Vehicles & Traffic) - Section 41 (Parking prohibited
at all times) by adding the following street segments:
Name of Street Side Location
County Way East From Bridge Street to Northern Ave
Northern Avenue South From County Way northeast 60 feet
First Reading: Monday, 3 December 2018
Advertised in the Salem News on Friday, 7 December 2018
Second Reading: Monday, 17 December 2018
Final Passage: Monday, 7 January 2019
Order read once and adopted — Vote: 9 -0
#211 B – Amended Ordinance – Ch. 215 - Offenses and Miscellaneous
Provisions, adding a new Section 17: Retail marijuana establishments;
limits:
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.
First Reading: Monday, 10 December 2018
Second Reading: Monday, 17 December 2018
To be advertised in the Salem News this Friday, 21 December 2018.
Final Passage: Monday, 7 January 2019.
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Order read once and adopted — Vote: 9 -0
Communications, Applications & Petitions:
Unfinished Business: None
Reports of Committees
#242
[7Ta
The Committee on Finance & Property to whom was referred the matter of Communication - Community
Preservation Committee — Special (Out -of- Cycle) Application CPA Project Funding Recommendation — John
Cabot House — Replace Failed Heating System — Historic Beverly (fonnerly Beverly Historical Society), 117
Cabot Street, have considered said matter and beg leave to report as follows, to wit:
Recommend the Application be granted
Councilors Houseman and Guanci filed Disclosure Forms with the Clerk indicating that though they are
members of the organization, Historic Beverly, they both feel that they can make a fair and impartial
judgement of the matter.
Order read once and adopted — Vote: 9 -0
Councilor Latter made a Motion to Reconsider the Vote "In hopes that it fails" so
that the Order might be presented to the Mayor the next day rather than awaiting
the 24 -hour period. Seconded by Councilor Houseman – Vote: 0 -9.
#252
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor — Approval
of $10,800 Grant — Massachusetts Executive Office of Public Safety & Security — Office of Grants & Research —
Beverly Police Department Traffic Enforcement & Equipment Program Grant, have considered said matter and
beg leave to report as follows, to wit:
Recommend the Council Approve the Request
Order read once and ado
#258
— Vote: 9 -0
243
The Committee on Finance & Property to whom was referred the matter of Communication — Council
Budget/Management Analyst — Powers & Sullivan South Essex Sewerage District — Report on Examination of
Basic Financial Statements —Year Ended 30 June 2018, 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
#259
The Committee on Finance & Property to whom was referred the matter of Communication — Council
Budget/Management Analyst — School Data Analysis, have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File, and provide a copy to the School Committee
Order read once and adopted — Vote: 9 -0
#244A
The Committee on Legal Affairs to whom was referred the matter of Communication — City Clerk — Additional
Class I, 11, Or III Motor Vehicle Dealer Licenses for 2019, have considered said matter and beg leave to report
as follows, to wit:
Recommend the Licenses be granted
Order read once and adopted — Vote: 9 -0
#246
The Committee on Finance & Property to whom was referred the matter of Application for New License —
Flammable and Combustible Liquids, Flammable Gases and Solids — Rock Edge Irrevocable Trust, 34 Paine
Avenue, have considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted, pending approval by the Fire Department of their Flammable
Registration Permit
Order read once and adopted — Vote: 9 -0
#249
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — Lodging
House Licenses for 2019, have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be granted
Councilor Flowers asked if the supporting information for the applications, and that Police Department are
part of that information, and that if reports on any of the locations received by the Clerk were not problematic.
City Clerk responded that according to the Chief that is true. Council President confirmed that if there were a
problem the Council would not have seen them. Clerk responded that the Chief would have reported that.
244
Order read once and adopted — Vote: 9 -0
#250A
The Committee on Legal Affairs to whom was referred the matter of Communication — City Clerk —
Additional Amusement Device Licenses for 2019, have considered said matter and beg leave to report as
follows, to wit:
Recommend the Licenses be granted
Order read once and adopted — Vote: 9 -0
#233
The Committee on Public Services to whom was referred the matter of Petition — New Cingular Wireless
PCS, LLC ( "atl &t ") for Grant of Location for Telecommunications Wires & Wireless Attachments and
Appurtenances: Project: Area6_BevA:Location: 22 Nursery ST, Beverly, MA 01915; 42.570528 N —
71.898648 W, Utility Pole #5292, 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
#240
The Committee on Public Services to whom was referred the matter of Petition — National Grid — Plan
#27289322 — Wadsworth Place, 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
#243
The Committee on Public Services to whom was referred the matter of Communication — Engineering
G.I.S. Manager — A Resolution to Allow the City of Beverly to Adopt the Beverly 2017 Hazard Mitigation
Plan Update as the City's Official Hazard Mitigation Plan, 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
243A
The Committee on Public Services to whom was referred the matter of Communication — Engineering
G.I.S. Manager — Revised Hazard Mitigation Plan, have considered said matter and beg leave to report
as follows, to wit:
Submit the accompanying Resolution and recommend its adoption:
A RESOLUTION TO ALLOW THE CITY OF BEVERLY TO ADOPT THE BEVERLY
2018 HAZARD MITIGATION PLAN UPDATE AS THE CITY'S OFFICIAL HAZARD
MITIGATION PLAN
WHEREAS the City of Beverly has experienced past flooding and other natural hazard
events that pose risks to public health and safety and which may cause serious property
damage; and
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WHEREAS the planning process fostered by the Massachusetts Emergency Management
Agency and set forth by the Federal Emergency Management Agency offers the opportunity
to consider natural hazards and risks, and to identify mitigation actions to reduce future
impacts of such hazards; and
WHEREAS the Commonwealth of Massachusetts provided federal Hazard Mitigation
Assistance program funds to the City of Beverly to support development of an updated
hazard mitigation plan; and
WHEREAS a Hazard Mitigation Plan has been developed by the Local Hazard
Mitigation Planning Committee and staff from the City and other entities; and
WHEREAS the Hazard Mitigation Plan recommends several mitigation actions that will help
minimize and reduce safety threats and damage to private and public property; and
WHEREAS a public meeting was held on Monday, 3 December 2018, to solicit questions and
comments and to present the plan and the proposed mitigation actions.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Beverly that:
1. The Hazard Mitigation Plan is hereby adopted as an official plan of the City of Beverly.
2. The City offices identified in the Plan are hereby directed to pursue implementation of
the recommended priority actions that are assigned to their agencies.
Any action proposed in the Plan shall be subject to and contingent upon budget approval,
if
funding is required, and this resolution shall not be interpreted so as to mandate any such
appropriations.
4. The Department of Public Services and Engineering is designated to coordinate with
other City offices and stakeholders and shall periodically report on the activities,
accomplishments, and progress, and shall prepare a progress report as required by the
Massachusetts Emergency Management Agency.
AND BE IT FURTHER RESOLVED, that this Resolution shall take effect on its passage:
PASSED this 17 day of December, 2018
Order read once and adopted — Vote: 9 -0
Meeting Adjourned: 9:12 PM Attest: D. Wesley Slate, Jr.
City Clerk
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