2015-12-07Regular Meeting
Beverly City Council 7:00 PM — Monday, December 7, 2015
Roll Call John P. Frates Jr., Scott D. Houseman, David J. Lang (absent), James F. Latter -
Vice President, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M.
Guanci- President.
Pledge of Allegiance to the Flag: Councilor Houseman
The Council President asked for a Moment of Silence to honor the victims of
terrorism in San Bernardino, California last week.
The President requested that a Roll Call Vote be taken to enter Executive Session @ 7:10
PM, then to adjourn and reconvene the Regular Council Meeting, pursuant to
Massachusetts General Laws ch. 30A, section 21(a)(3), to discuss strategy with respect to
collective bargaining with:
Beverly Municipal Employees Association
Beverly Police Benevolent Association
Beverly Police Superior Officers Association
American Federation of State County and Municipal Employees, AFL -CIO,
Massachusetts State Council 93, Local 111 (Department of Public Services)
American Federation of State, County, and Municipal Employees, AFL -CIO
Massachusetts State Council 93 Local 111 (Department of Public Services Foremen)
International Association of Firefighters Local 1669
International Association of Firefighters Local 1669 Fire Alarm Division
Vote: 8 -0
Roll Call Vote to adjourn Executive Session 0.7:32 PM and reconvene the Regular Council
Meetina. Vote: 8 -0.
Acceptance of Minutes:
Regular Meeting — Monday, 16 November 2015 Approved 8 -0
Special Meeting — Monday, 23 November 2015 Approved 8 -0
Public Speakers:
1. Mr. Myron E. Hood, 7 Auburn Road re: Non - Profit, Storm Water & Traffic
2. Ms. Renee' R. Mary, 274 Hale Street re: Kinder - Morgan's Proposed Gas Pipeline
Public Hearings:
1. (Continuation) - #483 — Board of Assessors — Set Tax Levy Percentages
Public Hearing closed, referred back to Finance & Property.
Presentations, Awards and Memorials: None
Communications from His Honor the Mayor:
#497
December 7, 2015
The Honorable City Council
City Hall
Beverly, NIA 01915
Dear Honorable Council:
In 2013, this Honorable Council passed order #133 petitioning the General Court to approve
special legislation issuing four additional liquor licenses to establishments in the City of
Beverly. See Attachment 1. In 2014, this Honorable Council passed order #43, amending
order #133 of 2013. See Attachment 2. Order 133, as amended, was brought before the
legislature and enacted as Chapter 65 of the Acts of 2014. See Attachment 3.
Chapter 65 of the Acts of 2014 allows the City to grant a license to White Horse Productions,
Inc., d/b /a the Larcom Theatre (White Horse). White Horse is actually a limited partner in a
further corporate entity, "Abracadabra Theatre Associates Limited Partnership"
(Abracadabra). As such, the Alcoholic Beverage Control Commission is requiring that the
license be awarded to Abracadabra, but such award requires an amendment to Chapter 65 of
the Acts of 2014 and a further home rule petition seeking such amendment.
I am requesting that the Council proceed with the appropriate action to approve this Home
Rule Petition so that the Act may be amended and the license may properly be issued.
Enclosed is a proposed Home Rule Petition, Order and Amendment to Chapter 65 of the Acts
of 2014.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Walter F. Sorenson, 11
Rocky Woods Road, Groveland to serve as Constable in the City of Beverly for the express
purpose of serving Civil Process.
Attached is Mr. Sorenson's application, which has been approved by Police Chief John
LeLacheur.
Mr. Sorenson's term will be effective until from December 1, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#499
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint Assistant Planning Director, Ms. Darlene Wynne, to serve as the city's
representative on the North Shore Task Force of the Metropolitan Area Planning Council.
Ms. Wynne will take over this responsibility from Planning Director Aaron Clausen.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
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#500
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Ms. Ellen Flannery, 30 Conant
Street to serve as the Planning Board representative on the Design Review Board.
Her term to be effective until December 1, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#501
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation the following citizens to serve
on the Planning Board:
Catherine Barrett 13 Lowell Street, Beverly
David Mack 2 Eagle Lane, Beverly
James B. Matz, 10 Victor Avenue
Their terms to be effective from December 31, 2015 until December 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#502
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation the following citizens to serve
on the Commission on Disabilities:
•1
Kevin Gallant 17 Scenna Road, Beverly
Candace Pike 291 Essex Street, Beverly
William Simpson 19 Grant Street, Beverly
Their terms to be effective until November 1, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#503
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation the following citizens to serve
on the Parks and Recreation Commission:
Mr. William Lowd
18 Pearson Street, Beverly
Mr. Justin Repp
14 Cornell Road, Beverly
Ms. Nancy Marino
9 Wellman Street, Beverly
Their terms to be effective from December 31, 2015 until December 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#504
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Wayne Miller, 5 Pasture
Road, Beverly to serve as the Planning Board representative on the Open Space and
Recreation Committee. Mr. Miller will fulfill the term of Mr. James Matz.
His term to be effective until August 31, 2016.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
61
#505
December 7, 2015
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Ms. Emily Flaherty, 111
Corning Street, Beverly to serve on the Harbor Management Authority.
Her term to be effective from December 31, 2015 until December 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Communications from other City Officers and Boards:
#483A
Communication from the Board of Assessors re: FY2016 Tax Levy Percentages
& consideration of Exemptions.
Referred to Finance & Property
#494A
Communication from the Parking and Traffic Commission re: Parking Restrictions
on Hull Street in the Vicinity of Centerville School.
Referred to Legal Affairs
..•.�
Communication from the Assistant City Solicitor re: An Ordinance Amending An
Ordinance re: Article XXI "Motor Vehicles & Traffic ", Section 21.13 "Stopping,
Standing and Parking" pursuant to the recommendations of His Honor the Mayor
and the Parking & Traffic Commission.
Referred to Legal Affairs
#506
Communication from the City Clerk re: Renewals of 2016 Lodging House
Licenses
Referred to Legal Affairs
62
#507
Communication from the City Clerk re: Renewals of 2016 Amusement Device
Licenses
Referred to Legal Affairs
#508
Communication from the City Clerk re: Renewals of 2016 Motor Vehicle Dealer
Licenses
Referred to Legal Affairs
#509
Communication from the City Clerk re: Renewals of 2016 Taxi & Livery Licenses
Referred to Legal Affairs
Communications, Applications & Petitions
#510
Communication from the Council's Auditors, Powers & Sullivan, LLC re: Report on
Examination of Basic Financial Statements, Management Letter and Reports on
Federal Awards Programs for the City of Beverly, Massachusetts for the fiscal year
ended June 30, 2015.
Referred to Finance & Property.
Reports of Committees:
#483
The Committee on Finance & Property, to whom was referred the matter of Communication from the
Board of Assessors re: FY2016 Tax Levy Percentages & consideration of Exemptions have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File.
Order read once and adopted. Vote: 8 -0.
#483A
The Committee on Finance & Property, to whom was referred the matter of Communication from the
Board of Assessors re: FY2016 Tax Levy Percentages & consideration of Exemptions have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption:
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ORDERED: That the City Council of the City of Beverly approve the following related to the Fiscal
2016 Tax Levy:
1. Not adopt a Residential Exemption;
2. Not adopt a Small Business Exemption;
3. Not accept an Open Space Exemption;
4. Adopt a 1.64 Classification Shift which will result in a Residential Factor of 89.3681.
First Reading: November 2, 2015
Second Reading: November 16, 2015
Public Hearing: November 16 and December 7, 2015
Final Passage: December 7, 2015
Order read once and adopted. Vote: 8 -0.
#510
The Committee on Finance & Property, to whom was referred the matter of Communication from the
Council's Auditors, Powers & Sullivan LLC re: report on examination of basic financial statements,
management letter and reports on federal awards programs for the City of Beverly, Massachusetts
for the fiscal year ended June 30, 2015, have considered said matter and beg leave to report as
follows:
Receive and Place on File.
Order read once and adopted. Vote: 8 -0.
#494A
The Committee on Legal Affairs, to whom was referred the matter of Communication from the
Parking and Traffic Commission re: Parking Restrictions on Hull Street in the Vicinity of Centerville
School have considered said matter and beg leave to report as follows:
Receive and Place on File.
Order read once and adopted. Vote: 8 -0.
.,•,�
The Committee on Legal Affairs, to whom was referred the matter of Communication from the
Assistant City Solicitor re: An Ordinance Amending An Ordinance re: Article XXI "Motor Vehicles &
Traffic ", Section 21.13 "Stopping, Standing and Parking" pursuant to the recommendations of His
Honor the Mayor and the Parking & Traffic Commission have considered said matter and beg leave
to report as follows::
Submit the accompanying amended Ordinance and recommend its adoption, pending publication
and Final Passage:
In the year two thousand and fifteen
An ordinance amending the Motor Vehicles and Traffic Ordinance.
Be it ordained by the City Council of the City of Beverly as follows:
By amending subsection (e) of section 21.13 entitled Stopping, Standing and Parking in
Article XXI of the revised Ordinances of the City of Beverly by inserting the following
two entries after the line beginning with Hopkins Avenue:
"Hull Street, north side, beginning at Ash Street heading west and ending at the
location of the pedestrian crosswalk located in front of Cahill Park."
z
"Hull Street, south side, beginning at the access drive of Centerville school,
heading east and ending at the intersection of Desmond Road."
By amending subsection (g) of section 21.13 entitled Stopping, Standing and Parking in
Article XXI of the revised Ordinances of the City of Beverly by adding the following
new subsection after subsection 21.13(g)(xxv):_
"(xxvi) No person shall park a vehicle between the hours of 7:00 a.m. and 4:00
p.m. on
the west side of Ash Street."
Order read once and adopted. Vote: 8 -0.
#497
The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor
the Mayor re: Home Rule Petition, Order and Amendment to Chapter 65 of the Acts of 2014 have
considered said matter and beg leave to report as follows:
Recommend the Licenses by granted.
Order read once and adopted. Vote: 8 -0.
....
The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor
the Mayor re: Appointment of Mr. Walter F. Sorenson as Constable in the City of Beverly have
considered said matter and beg leave to report as follows:
Recommend the Council approve the Appointment.
Order read once and adopted. Vote: 8 -0.
#499
The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor
the Mayor re: Appointment of Assistant Planning Director, Ms. Darlene Wynne, as the City's
representative on the North Shore Task Force of the Metropolitan Area Planning Council have
considered said matter and beg leave to report as follows:
Recommend the Council approve the Appointment.
Order read once and adopted. Vote: 8 -0.
#500
The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor
the Mayor re: Reappointment of Ms. Ellen Flannery to serve as the Planning Board Representative
on the Design Review Board have considered said matter and beg leave to report as follows:
Recommend the Council approve the Reappointment.
Order read once and adopted. Vote: 8 -0.
#501
The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor
the Mayor re: Reappointments of Catherine Barrett, David Mack and James B. Matz to the Planning
Board have considered said matter and beg leave to report as follows:
Recommend the Council approve the Reappointments.
Order read once and adopted. Vote: 8 -0.
65
#506
The Committee on Legal Affairs, to whom was referred the matter of Communication from the City
Clerk re: Renewals of 2016 Lodging House Licenses have considered said matter and beg leave to
report as follows:
Recommend the Licenses be granted, pending successful completion of required Inspections by
Building, Electrical, Fire & Health Inspectors.
Order read once and adopted. Vote: 8 -0.
#507
The Committee on Legal Affairs, to whom was referred the matter of Communication from the City
Clerk re: Renewals of 2016 Amusement Device Licenses have considered said matter and beg
leave to report as follows:
Recommend the Licenses be granted, pending successful completion of the applications.
Order read once and adopted. Vote: 8 -0.
#508
The Committee on Legal Affairs, to whom was referred the matter of Communication from the City
Clerk re: Renewals of 2016 Taxi and /or Livery Licenses have considered said matter and beg leave
to report as follows:
Recommend the Licenses be granted, pending successful completion of the applications.
Order read once and adopted. Vote: 8 -0.
#509
The Committee on Legal Affairs, to whom was referred the matter of Communication from the City
Clerk re: Renewals of 2016 Motor Vehicle Dealers Licenses have considered said matter and beg
leave to report as follows:
Recommend the Licenses be granted, pending successful completion of the applications.
Order read once and adopted. Vote: 8 -0.
#463
The Committee on Public Services, to whom was referred the matter of Resolution from Councilors
Silva & Latter to Verizon re: FIOS in Beverly have considered said matter and beg leave to report as
follows:
Recommend the Council approve the Resolution.
Order read once and adopted. Vote: 8 -0.
#502
The Committee on Public Services, to whom was referred the matter of Communication from His
Honor the Mayor re: Reappointments of Kevin Gallant, Candace Pike and William Simpson to serve
on the Commission on Disabilities have considered said matter and beg leave to report as follows:
Recommend the Council approve the Reappointments.
Order read once and adopted. Vote: 8 -0.
..
#503
The Committee on Public Services, to whom was referred the matter of Communication from His
Honor the Mayor re: Reappointments of Mr. William Lowd, Mr. Justin Repp & Ms. Nancy Marino to
serve on the Parks and Recreation Commission have considered said matter and beg leave to report
as follows:
Recommend the Council approve the Reappointments.
Order read once and adopted. Vote: 8 -0.
#504
The Committee on Public Services, to whom was referred the matter of Communication from His
Honor the Mayor re: Appointment of Mr. Wayne Miller to serve as the Planning Board representative
on the Open Space and Recreation Committee have considered said matter and beg leave to report
as follows:
Recommend the Council approve the Appointment.
Order read once and adopted. Vote: 8 -0.
#505
The Committee on Public Services, to whom was referred the matter of Communication from His
Honor the Mayor re: Appointment of Ms. Emily Flaherty to serve on the Harbor Management
Authority have considered said matter and beg leave to report as follows:
Recommend the Council approve the Appointment.
Order read once and adopted. Vote: 8 -0.
Unfinished Business: Final Passage: None
Motions and Orders: None
Meeting Adjourned 8:55 PM
Attest: D. Wesley Slate, Jr.
City Clerk
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