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2014-02-18Regular Meeting Page 1 of 7 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Wednesday, February 26, 2014 11 :25 AM To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; dlang @beverlyma.gov; erand @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; jfrates @beverlyma.gov; minutes @beverlyma.gov; msthilaire @beverlyma.gov Subject: 14 . fe b 18 . d oc Regular Meeting Beverly City Council 7:00 PM February 18, 2014 Roll C Councilors: John P. Frates, Jr., Scott D. Houseman, David J. Lang, James F. Latter, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci Councilor, Donald G. Martin was absent Pledge of Allegiance to the Flag: Councilor Rand Presentations, Awards and Memorials: Acceptance of Minutes: Minutes for meeting of Feb 3, 2014 Public Speakers and Hearings: #49 Fire Chief Cotter - Swearing In Reserve Firefighters Andrew Bencal, Brian Pierce, Eric D'Entremont, Erikk Elso and James Reddy #50 Fire Promotions- Lt. To Captain Arthur Fitzpatrick Capt. To Deputy Chief Michael McCadden Parking and Traffic Presentation- Richard Benevento ( Rescheduled for March 3, 2014) Communications from His Honor the Mayor: #51 February 18, 2014 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request the Honorable Council grant authorization to sign the attached subordination agreement for property owned by Brian and Clare Williams at 28 Winthrop Avenue. 3/6/2014 Regular Meeting Attached is communication from Aaron Clausen, City Planner concerning this request. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #52 February 18, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 7 I hereby reappoint subject to your review and recommendation Mr. William Bent, 22 Turkey Shore Road, Ipswich to serve on the Parking and Traffic Commission. In addition, I hereby request that the City Council consider waiving the residence requirement in order for Mr. Bent to continue his service on the Commission. Mr. Bent is a professional traffic engineer with considerable knowledge and expertise on matters related to the parking and traffic issues in the City. His term to be effective until March 1, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #53 February 18, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: hereby reappoint subject to your review and recommendation Mrs. Frances Macdonald, 11 Sylvan Road, Beverly to serve on the Registrars of Voters. Mrs. Macdonald's term to be effective from March 31, 2014 until March 31, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #54 (late file) February 16, 2014 Honorable City Council 3/6/2014 Regular Meeting City Hall Beverly, MA 01915 Dear Honorable Council: Page 3 of 7 I respectfully request that you approve a transfer of $269,018 into the Police Department budget to fund costs associated with the ratification of the patrolman's contract. This amount represents retroactive salary increases due to officers for work dating back to July 1, 2012 and also includes costs related to the ratified contract through the end of Fiscal Year 2014. The approved FY14 budget included a budget of $65,000 in reserve account 11324 -57810 to offset these anticipated costs. We are requesting a transfer of that amount along with a request for a free cash appropriation for the remaining $204,018. Sufficient funds are available within the reserve account noted as well as free cash to support this transfer. Please initiate action on this matter at your earliest convenience. This transfer request will require a public hearing be set prior to a Council vote. Thank you. Very truly yours, Michael P. Cahill, Mayor Refer to Finance and Property Communications from other City Officers and Boards: #38 - A Comm. from Planning Dept. relative to setting Joint Public hearing relative to Proposed Zoning Amendment to Article XXXVIII Receive and Place on file #55 February 18, 2014 Dear Honorable Council: I request that your Honorable Council waive the Residency requirement for Parking and traffic Commission member, Richard Benevento who has moved to Danvers and also to approve his reappointment to the Parking and traffic Commission. His term to be effective from March 2, 2014 to March 1, 2017. Very truly yours, Paul Guanci, Council President Refer to Legal Affairs #56 February 18, 2014 Dear Honorable Council: I request that your Honorable Council reappoint Richard Hutchinson, 20 Sylvan Road to the Parking and Traffic Commission. His term to be effective from March 1, 2014 to March 1.2017. 3/6/2014 Regular Meeting Very truly yours, Paul Guanci Council President Refer to Legal Affairs #57 February 18,2014 Dear Honorable Council: Page 4 of 7 I request that Councilor At large Matthew J. St. Hilaire be appointed as the City Council representative to the Mayors Grant committee, as well as Ward II Councilor Estelle Rand. Order read once and adopted 8 -0 Vote #58 (late file) Dear Honorable Council, It has been brought to my attention by Beverly High School Assistant Principal and Head Football Coach, Mr. Dan Bauer, that the Beverly High School Football Booster's Association would like to name the turf athletic field located at Beverly High School after Mr. Frank Forti. Mr. Forti has been involved in everything athletic here in Beverly for many years and is considered by some to be Beverly's "biggest fan ". His tireless and volunteer work with sports teams here in Beverly has not gone unnoticed. Mr. Forti is a member of the Beverly High School Sports Hall of Fame and continues to be a presence at games even though he is approaching his 90th birthday. Please find attached Mr. Forti's nomination form that helped gain him entrance into the hall of fame as well as an article written by Mike Grenier of the Salem Evening News in 2008. It is my intention to refer this request to the Committee on Finance and Property as well as the Parks and Recreation Committee for their feedback. Ordered: That the City of Beverly attach the name "Frank Forti Field" to the turf athletic field located at Beverly High School, 100 Sohier Road, Beverly, Massachusetts. Respectfully, Paul M. Guanci City Councilor at Large City Council President Refer to Finance and Property Parks and Recreation and Mavor's Office Communications, Applications and Petitions: #59 3/6/2014 Regular Meeting Page 5 of 7 Communication from Town of Danvers request to waive payment In- Lieu -of -Tax fee ($6,583.50) in connection with the operation of the Airport Refer to Finance and Property Reports from Committees: #54 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer to Police Dept. 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 in City Council Chambers, third Floor, 191 Cabot Street, Beverly, Ma on Monday, March 3, 2014 at 7:30 PM relative to the approval of a transfer of $269,018 to the Police Dept. budget to fund costs associated with the ratification of the patrolman's contract. Order read once and adopted 8 -0 Vote #14 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Article XXI, sec. 21.12 (ii) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the Year two thousand and Fourteen An Ordinance amending an ordinance entitled Motor Vehicles and Traffic relative to Obedience to isolated Stop Signs Be it ordained by the city council of the city of Beverly as follows: That Article XXI, Sec. 21.12 L (ii) be amended as follows: ADD: Article XXI, Sec. 21.12 L (ii) Westbound Traffic on Desmond Road at Sunnyvale Street Ordinance to take effect as per charter provisions Ordinance read once and held for final passage as per charter provisions 8 -0 Vote #37 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for traffic study at Hull and Essex Streets have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Receive and Place on File Order read once and adopted 8 -0 Vote 3/6/2014 Regular Meeting #42 Page 6 of 7 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment as Constable of Patrick McLaughlin have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 8 -0 Vote #43 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Special Legislation Home rule petition Liquor License amendments have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: AN ACT AUTHORIZING THE CITY OF BEVERLY TO ISSUE ADDITIONAL LIQUOR LICENSES Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follow: SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Beverly may grant: 1 additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to White Horse Productions, Inc., d /b /a The Larcom Theatre, located at 13 Wallis street in the city of Beverly; 1 additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Stephen K. Cross, individually and d /b /a Happy Clam Seafood Caf6, for a restaurant to be located at 407 Cabot street in the city of Beverly; 1 additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to the Half Baked Caf6 & Bakery, LLC, for a restaurant to be located at 1 West street, in the city of Beverly; and 1 additional license for the sale of wine and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to the Wicked Art Bar, LLC, located at 95 Rantoul street, unit 102, in the city of Beverly, providing that the Wicked Art Bar surrenders the seasonal liquor license it currently possesses. The licenses shall be subject to all of said chapter 138 except section 17. The licensing authority shall not approve the transfer of any of the licenses to any other location but it may grant a license to a new applicant at the same location if the applicant files with the licensing authority a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid, and a letter from the Department of Unemployment Assistance that the license is in good standing. If any license granted pursuant to this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority, which may then grant the license to a new applicant at the same location under the same conditions as specified in this act. SECTION 2. This act shall take effect upon its passage. Order read once and Referred bank to Committee 8 -0 Vote #46 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application Second H Hand Junk Dealers License MINT Boutique have considered said matter and beg leave to report as follows, to wit: Recommend the council approve the License 3/6/2014 Regular Meeting Page 7 of 7 Order read once and adopted 8 -0 Vote #48 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for Livery License P & H Transportation, 6 Palmer Road have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 8 -0 Vote Unfinished Business: Motions and Orders: Meeting Adjourned: 8:10 PM Attest: Kathleen P. Connolly, CMC City Clerk 3/6/2014