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2013-05-06Regular Meeting Page 1 of 10 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Wednesday, May 15, 2013 2:43 PM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: 5 -6 -2013 Reg Meeting.doc Regular Meeting Beverly City Council 7:00 PM Monday, May 6, 2013 Roll Call: Councilors P. Guanci, D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Jason Silva. Absent Brett Schetzsle Pledge of Allegiance to the Flag: Beverly Fire Dept. Acceptance of Minutes: April 16, 2013 Public Speakers: Charlie Perlo — Solid Waste Collection Day (Sat. May 4, 2013) Mary Rodrick (Safe Drinking Water Alliance) Renee Mary " Gin Wallace & Joyce McMahon (Main Streets) Outdoor Dinning Resolution: # 69 Lieutenant William J. Reilly, Beverly Fire Department A Resolution WHEREAS: The Beverly Fire Department is a career department located on the North Shore of Massachusetts. The Department employs 60 Firefighters and Fire Officers represented by Local #1669, as well as 6 full time professional Fire Alarm Operators that staff the Fire Alarm Office; and WHEREAS: It is the mission of the Beverly Fire Department to provide quality fire protection and Emergency Medical Services to the citizens of the community through professional and competent fire suppression forces as well as vigorous public education and fire prevention efforts; and WHEREAS: The City of Beverly is roughly 17 square miles of mixed commercial, residential, industrial and open property. There are approximately 40,000 residents living across the city in roughly 16,000 housing units on 160 miles of roads. The Beverly Fire Department responds to nearly 4,500 emergency calls every year varying from structure fires to motor vehicle accidents and medical aid calls; and WHEREAS: For the last 33 years, Lieutenant William J. Reilly has served the citizens of Beverly 5/29/2013 Regular Meeting Page 2 of 10 and risen to his present rank, and will now be retiring from the Beverly Fire Department; THEREFORE BE IT RESOLVED: That the Mayor and the City Council of the City of Beverly extend our deepest congratulations and profound sense of gratitude and respect to Lieutenant William J. Reilly on the occasion of his retirement, wish him and his family good health and much happiness in this next phase of their lives, and that the City Clerk spread a copy of this Resolution upon the City Records. Public Hearings: Joint Public Hearings —City Council &Planning Board 7:30 PM Order # 52 Proposed Amendments (Parking) 8:00 PM Order # 57 Proposed Amendments (Zoning) Refer to Legal Affairs Presentations, Awards and Memorials: Communications from His Honor the Mayor: # 70 May 6, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached are two letters from Superintendent of Schools Marie Galinski each describing a lease /purchase transaction which requires Council approval because of the length of the financial commitment. Please review and take action on both of these prospective transactions in a timely fashion because the purchase orders cannot be released without your prior approval. One of these requests is for school buses. The other for laptop computers. Thank you. Very truly yours, William F. Scanlon, Jr. Mayor 5/29/2013 Regular Meeting Refer to Finance & Property and Legal Affairs #71 May 6, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 3 of 10 I hereby appoint, subject to your review and recommendation Ms. Amanda Beard, 16 Kernwood Avenue, #I. Beverly to serve on the Cultural Council. Her term to be effective until April 30, 2016. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Public Services # 72 May 6, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation Ms. Suzanne I. LaMont, 20 Porter Street, Beverly to serve on the Beverly Historic District Commission. Her term to be effective until April 1, 2016. Very truly yours, William F. Scanlon, Jr. Mayor 5/29/2013 Regular Meeting Refer to Public Services # 73 May 6, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 4 of 10 I hereby reappoint, subject to your review and recommendation, Mr. Scott Carleton, 136 Leslie Road, Rowley, MA 01960 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Carleton's application for appointment, which has been approved by Police Chief Mark Ray. Mr. Carleton' s term will be effective until May 1, 2016. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs # 74 May 6, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached memo and spreadsheet from John Dunn describes necessary fund transfers to balance unfavorable variances with favorable variances. You will note no use of free cash is being proposed. A public hearing will be required to discuss this subject. Please schedule same at your earliest convenience. Very truly yours, William F. Scanlon Mayor 5/29/2013 Regular Meeting Refer to Finance & Property # 75 May 6, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 5 of 10 Please accept a FEMA Grant in the amount of $42,224 which is more fully described in the attached memo from John Dunn. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance & Property Communications from other City Officers and Boards: #76 May 15, 2013 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #169 - RECOMMENDATION FROM PLANNING BOARD ON ZONING AMENDMENTS RELATIVE TO THE WATER SUPPLY PROTECTION OVERLAY DISTRICT (WSPOD), ARTICLE XXXVIII, SECTION 38.31.0 (FORMERLY SECTION 29 -31.C. OF TIC ZONING ORDINANCE) Dear Honorable Council: The Beverly Planning Board heard testimony on the above - referenced Order at public hearings on September 4, 2012, October 15, 2012, November 19, 2012 and April 16, 2013. The Board closed its public hearing on April 16, 2013 and discussed the proposal at a special meeting immediately afterward and at a special meeting on May 1, 2013. The Planning Board separated its discussion between the proposed amendments to the zoning map and to the text and voted the following: 1. Zoning Map: • Aquifer Area: The Board considered the "Watershed Protection Area Assessment" report 5/29/2013 Regular Meeting Page 6 of 10 dated April 16, 2013 by CDM Smith on behalf of the Salem and Beverly Water Supply Board in making its recommendations on the boundaries of the WSPOD. The Board accordingly voted that the aquifer area between Wenham Lake and Longham Reservoir should not be included in the WSPOD. The Board recognized however that it might be advisable to afford the aquifer some additional measure(s) of protection and recommends the City explore other mechanisms that might be available and appropriate to protect it. • Use of DEP Zones A, B & C in the delineation of the WSPOD: The Board found that the proposed ordinance will uniformly regulate Zones A, B & C. The Board voted that the outermost boundary of DEP Zones A, B, and C should constitute the boundary of the WSPOD, and to eliminate any distinction between Zones A, B and C in the Zoning Map and in the proposed text amendments (noted below). A copy of a plan showing the overlay district boundaries recommended by the Planning Board is attached as Attachment A. Including in the overlay district portions of lots not located within the Wenham Lake or Longham Reservoir watersheds: The Board voted to recommend that portions of lots not located within the physical boundary of either the Wenham Lake or Longham Reservoir watersheds in Beverly should not be included in the WSPOD. This recommendation is reflected in the map in Attachment A and is also reflected in the proposed text amendments noted below. 2. Ordinance Text: Members voted to recommend that the City Council adopt amendments to the text of the WSPOD with edits as shown in REDLINE on Attachment B entitled "Planning Board's Suggested Revisions to Order #169 ", dated May 2, 2013." To assist the Council, two other documents are attached hereto for reference: Attachment C: A tabular summary of recommendations regarding the proposed definitions; and Attachment D: A list of those recommended amendments that would require changes to sections of the Zoning Ordinance other than Section 38- 31.C., the watershed supply protection overlay district. In closing, the Board noted and recommended to the Council that the City continue educating the public about storm water runoff and its relationship to the drinking water supply and encouraging commercial and industrial users to utilize groundwater recharge techniques such as pervious pavement on their properties. Please do not hesitate to contact me or Planning Director Tina Cassidy should you have any questions about the Board's recommendation. Sincerely, Richard Dinkin RD /lz Cc: Building Commissioner Director Services City Engineer file Refer to Legal Affairs Solicitor Mayor Chairperson Planning Commissioner of Public Assessor 5/29/2013 Regular Meeting Communications, Applications and Petitions: #77 Renewal - Application for Fortunetellers License (Sophia Andrianopoulos) 11 Sunset Dr., Beverly, MA. Refer to Legal Affairs #78 Page 7 of 10 Application for Hawkers & Peddlers License. (One Day Event) July 4th @West Beach — Bruce Gordon, 5 Patriot Cir., Gloucester, MA. Refer to Legal Affairs #79 Communication from Beverly Mains Streets Re: Pilot Program Outdoor Dining Applications for 2013 Refer to Finance & Property #80 Communication from DEP relative to Water System Awards Program for City of Beverly Refer to Legal Affairs Reports from Committees: #43 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Order Councilor Silva relative to Senior Citizen Tax Work Off Abatement Program have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8 -0 Vote #54 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request for Waiver (Water Demand Fee) 62 Pleasant St. / Pleasant Street Apts. have considered said matter and beg leave to report as follows, to wit: Request Denied 5/29/2013 Regular Meeting Page 8 of 10 Motion was made (Councilor Guanci) to send back to Committee for discussion Motion approved 8 -0 Vote #70 The Committee on Finance / Committee of the Whole to whom was referred the matter of Request from Mayor /School Dept. for permission to enter into a lease /purchase transaction with Apple for Student Laptops for the 1 to 1 Laptop Initiative @ Beverly High School and O'Connor Motor Co. and Liberty Chevrolet for the lease /purchase of 6 School Busses and 4 School bus vans. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 8 -0 Vote #74 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Request from Finance Dir. to set a Public Hearing relative to interdepartmental transfers FY 2013. 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 of Beverly will hold a Public Hearing on Monday May 20, 2013 at 8:15 PM relative to proposed Interdepartmental transfers to deal with actual /expected variances in expenditure line items for FY 2013 Order read once and adopted 8 -0 Vote #75 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Acceptance of FEMA Grant for $42,224.00 - Have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 8 -0 Vote #59 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from City Clerk relative to the renewal of Second Hand Junk /Valuables Dealers Licenses for 2013 have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Licenses Order read once and adopted 8 -0 Vote #61 5/29/2013 Regular Meeting Page 9 of 10 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Parking and Traffic Commission re: proposed amendments to Parking Ordinance /short term parking/ 38 Rantoul St. have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Motion made by Councilor Slate to refer back to Committee for further discussion Motion approved 8 -0 Vote #62 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from Parking and Traffic re: prohibiting parking on both sides of Wayland Road have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8 -0 Vote #65 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Slate to amend Ordinance Article XX1 Sec. 21.13 Short term parking (Rantoul St.) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption ORDERED: An Ordinance Amending An Ordinance, as follows: ARTICLE XXI, section 21.13, section (h) 15 Minute Parking: Rantoul Street, westerly side, from School Street to 38 Rantoul Street, [ADD] 2 spaces section (k) 2 -Hour Parking: [ADD] Rantoul Street, easterly side, between School and Edwards Streets Motion made by Councilor Slate to refer back to Committee for further discussion Motion approved 8 -0 Vote Unfinished Business: Motions and Orders: 5/29/2013 Regular Meeting #67 Order: - Councilor Troubetaris - Re: request for review of water /sewer bill (Stephen & Ellen Hoy). Referred to Finance & Property Meeting Adjourned 10:00 PM Attest: Kathleen P. Connolly, CIVIC City Clerk Page 10 of 10 5/29/2013