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2013-09-03Special Meeting Page 1 of 10 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, September 16, 2013 11:45 AM To: pguanci @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov Subject: Council Meeting9- 5- 2013.doc Regular Meeting Beverly City Council 7:00 PM - Tuesday - September 3,2013 Roll Call: Councilors P. Guanci D. Scott Dullea, Donald G. Martin, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Brett Schetzsle, Jason Silva. Pledge of Allegiance to the Flag: Councilor Houseman Acceptance of Minutes: August 5, 2013 Special Meeting Public Speakers: -None Public Hearings: 7:30 PM Order #128 (Joint Public Hearing) Amendment to Zoning District Map (IR to IR Overlay) Presentations, Awards and Memorials Resolution - The Beverly Children's Learning Ctr. Resolution - Chief Mark Ray Communications from His Honor the Mayor: #140 September 3, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know Beverly has been able to make very significant improvements to its recreational and commercial marinas in the past several years financed primarily by State grants totaling $3,890,000. To augment these funds, Beverly has utilized existing local funds available within the Harbor Management account and that account is now fully expended. 9/27/2013 Special Meeting Page 2 of 10 At this time, there is approximately $45,000 in work to be completed under the current contracts. There is also a need to fund further improvements to the so- called brown building which was moved as part of the marina reconstruction. Lastly, there is a need to continue the permitting process required to pursue dredging of the Bass River. For these reasons, I ask that your Honorable Council approve a transfer of existing funds from within the Waterways Improvement Fund in the amount of $145,000 to the Harbor Management fund. Beverly Finance Director John Dunn has written a letter which is attached describing the situation which further explains this request. Please set a date for a public hearing on this matter. Thank you. Very truly yours, William F. Scanlon, Jr. Mayor #141 September 3, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Joseph Trainor, 4 Brandt Circle, Beverly, MA 01915 to serve as a member of the Beverly Licensing Board. Mr. Trainor will fulfill the statutory requirement that there be a representative from each leading political party on the Board. He will complete the term of Mr. James Duggan who served the Board with thoughtful consideration and dedication. Mr. Trainor's term will be effective until June 1, 2018. Very truly yours, William F. Scanlon, Jr. Mayor #142 September 3, 2013 Honorable City Council City Hall 9/27/2013 Special Meeting Beverly, MA 01915 Dear Honorable Council: Page 3 of 10 I hereby appoint, subject to your review and recommendation, Ms. Savery Hinton Kelley, 37 Railroad Avenue, Apt. 4, Beverly, MA 01915 to serve as a member of the Beverly Cultural Council. Ms. Kelley will complete the term of Mr. Lucas Spivey who recently resigned. Ms. Kelly's term will be effective until April 30, 2014. Very truly yours, William F. Scanlon, Jr. Mayor #143 September 3, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Ms. Debra R. Reuhrwein, 32 Pine Street, Wakefield, MA 01880 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Ms. Ruehrwein's application for reappointment, which has been approved by Capt. Christopher Negrotti. Ms. Reuhrwein' s term will be effective from November 1, 2013 until October 31, 2016. Very truly yours, William F. Scanlon, Jr. Mayor #144 Captain Chris Negrotti Named Acting Chief of Police Effective September 13, 2013, Captain Chris Negrotti will become Acting Chief of the Beverly Police Department replacing Chief Mark Ray who is retiring as of that date. 9/27/2013 Special Meeting Page 4 of 10 Captain Negrotti has served the City of Beverly for twenty -eight years. Promoted to Captain three years ago, he has since served as Patrol Commander and Executive Officer of the Department. He holds a Bachelor's Degree from Northeastern University and a Master's in Police Administration from Western New England College. The City of Beverly has begun a search for a permanent chief. We will look inside the Beverly Police Department while also conducting a broad outside search. Acting Chief Negrotti will be a candidate for the permanent position. During the period prior to appointing a permanent chief, Lt. Bill Terry will serve as an Acting Captain and Sergeant Phil McCarthy will serve as an Acting Lieutenant. We wish departing Chief Ray and his family well and thank Chief Ray for his faithful service. Communications from other City Officers and Boards: #139 -A August 7, 2013 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: COUNCIL ORDER #139: REQUEST TO AMEND PARKING ORDINANCE TO PERMIT ONE (1) FIFTEEN (15) MINUTE ON- STREET PARKING SPACE IN FRONT OF 330 RANTOUL STREET Dear Honorable Council: Please be advised that the Parking and Traffic Commission considered and discussed the above - referenced Order at its meeting on Wednesday, August 7, 2013. Following deliberation, members of the Commission voted unanimously to recommend that the City Council amend Article XXI (Motor Vehicles and Traffic), section 21.13 entitled "Stopping, Standing and Parking" by adding the following: "(h) Fifteen Minute Parking Rantoul Street, #330 8:00 a.m. to 6:00 p.m." Respectfully, 9/27/2013 Special Meeting Richard Benevento Chairman Refer to Legal Affairs #145 August 7, 2013 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 Page 5 of 10 RE: REVIEW OF CONDITIONS AT INTERSECTION OF WILLOW AND LOVETT STREETS / COUNCILOR WES SLATE Dear Honorable Council: At the request of Councilor Wes Slate, members of the Commission recently investigated vehicular and pedestrian safety conditions at the above - referenced location. The Commission conducted a site visit to the area in May and discussed the matter at several subsequent meetings. Please be advised that as a result of the Commission's deliberations it recommends the City consider making the improvements depicted on the attached sketch plan. Drafted by Chairman Rich Benevento, the plan has been reviewed by the City's Engineering Department and found to be acceptable to that department. The cost of the work is roughly estimated at $10,000 but there is no City funding earmarked for it at the moment. Recognizing that implementation might therefore take some time, the Commission also recommends that subject to funding, the City consider the following two interim measures: (a) Paint "STOP" lines on the Hale Street end of both Willow and Lovett Streets; and (b) Erect an MUTCD- compliant "STOP" sign at the intersection to augment the existing "STOP" sign. Respectfully, Richard Benevento Chairman Refer to Legal Affairs #100 -A August 7, 2013 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 9/27/2013 Special Meeting Page 6 of 10 RE: COUNCIL ORDER #100: REQUEST FOR "DO NOT ENTER" SIGN AT INTERSECTION OF BOSWORTH AND BALCH STREETS MONDAY THROUGH FRIDAY 3:00 p.m. TO 7:00 p.m. Dear Honorable Council: Please be advised that the Parking and Traffic Commission considered the above - referenced Order at its meeting on Wednesday, August 7, 2013. Following discussion and deliberation, members of the Commission voted 5 -1 (Bent, Cassidy, Hutchinson, Somes, Fiore in favor, Rollins against) to recommend that the City Council implement the requested change TEMPORARILY, on a six -month trial basis. The Commission favors a six -month trial basis so that the impact of the change can be adequately assessed prior to considering its permanent installation. Respectfully, Richard Benevento Chairman Refer to Legal Affairs Communications, Applications and Petitions: #146 Application for Hawkers & Peddlers License — Richard J. Aurelio, 23 Tafts Ave. Winthrop, MA. 02152. Refer to Legal Affairs #147 Renewal Application — Sandwich Board Sign Permit — Beverly Holistic Health, 146 Cabot Street. Refer to Legal Affairs #148 Request for waiver of ordinance re: alcohol in Public Buildings for Artist's reception @ Beverly Farms Library on Nov. 5t from 5 to 8PM. Refer to Legal Affairs #149 9/27/2013 Special Meeting Renewal Application — Sandwich Board Sign Permit — Travel Inc. 207 Cabot St. Refer to Legal Affairs #150 Application — Sandwich Board Sign Permit — Beverly Bootstraps, 198 Rantoul St. Refer to Legal Affairs #151 Page 7 of 10 Request from The Family Dollar Store, 224 Cabot St. for permission to place 2 trailers behind the store on City Property for two weeks for renovation purposes Refer to Legal Affairs Reports from Committees: #140 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Communication from Mayor Scanlon re: transfer of funds $145,000.00 from Water Improvement Fund to Harbor Management Fund 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 will hold a Public Hearing on Monday September 16, 2013 at 7:15 PM in City Council Chambers, third floor191 Cabot St., Beverly, MA relative to the transfer of funds $145,000.00 from Water Improvement Fund to the Harbor Management Fund. Order read once and adoated 9 -0 Vote #139 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Order Councilor Latter re: 15 Minute parking @ 330 Rantoul Street, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 9/27/2013 Special Meeting In the Year Two Thousand and thirteen An Ordinance amending and ordinance entitled Motor Vehicles and Traffic Article XXI: Amend as follows Section 21.13 Stopping, Standing and Parking (h) Fifteen — Minute parking ADD: Rantoul Street #330 8:00 AM to 6:00 PM First Reading: August 5, 2013 Second Reading: September 3, 2013 Advertise and hold for final passage September 16, 2013 As per Order of the City Council Order read once and adopted 8 -0 Vote Councilor Dullea recused himself #139•A Page 8 of 10 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from the Parking & Traffic Commission re: Council Order #139 Request to amend Parking Ordinance to permit one (1) Fifteen (15) Minute on- street parking space in fron of 330 Rantoul Street, 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 Councilor Dullea recused himself #143 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from the Mayor re: Renewal of Constable License (Debra R. Reuhrwein, 32 Pine St. Wakefield, MA) ., have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Reappointment Order read once and adopted 9 -0 Vote #147 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Renewal Application for permit to maintain a Sandwich Board Sign — Beverly Holistic Health 146 John Coville have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request for a permit 9/27/2013 Special Meeting Page 9 of 10 Order read once and adopted 9 -0 Vote #148 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for waiver of ordinance re: alcohol in Public Buildings for Artist's reception @ Beverly Farms Library onNov. 5t from 5 to 8PM. 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 waive Section 22.10 of Article XXII of the City Ordinance relative to consumption of alcoholic beverages in Public Buildings (Beverly Farms Library) as per request of Gail Gang of 46 Norwood Ave., Manchester, MA. for a Artist Reception at the Farms Library on Nov. 5t from 5 -8 p.m. Order read once and adopted 9 -0 Vote #149 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Renewal Application for permit to maintain a Sandwich Board Sign — Travel Inc. 207 Cabot St. Donald Wallace have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request for a permit Order read once and adopted 9 -0 Vote #151 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request from The Family Dollar Store, 224 Cabot St. for permission to place 2 trailers behind the store on City Property for two weeks for renovation purposes Recommend the Council approve the request Order read once and adopted 9 -0 Vote Motions and Orders: #152 Order: Councilor Guanci: Request for a Traffic Study to be done in the neighborhood of Henry's Market Refer to Legal Affairs and Parking & Traffic #153 Order: Councilor Martin: That Sandra Stacey of 19 Cornell Road be appointed as the Ward 5 Representative to the Open Space & 9/27/2013 Special Meeting Recreation Committee, replacing Pam Kampersal, whose term expires on August 31, 2014. (late file) Vote taken on the floor - Approved: 9 -0 Unfinished Business: Final Passage: Meeting Adjourned 9:30 PM Attest: Kathleen P. Connolly, CMC City Clerk Page 10 of 10 9/27/2013