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2016-01-19Regular Meeting — Beverly City Council, Beverly, MA MINUTES - Tuesday, January 19, 2016 @ 7:00 PM Beverly City Hall, 3r Floor, Council Chamber Called to Order @ 7:00 PM Roll Call John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva (arrived @ 7:49 PM), Paul M. Guanci - President. Pledge of Allegiance to the Flag: Councilor Martin Resolutions: None Swearing -In of 5 Permanent Reserve Police Officers by the City Clerk: Michael C. Broderick Blair D. Nickerson Joseph T. Santamaria Thomas J. Slavin Joseph P. Spitaleri Public Speakers: 1. Mr. Myron E. Hood,7 Auburn RD re Input @ Committee Meetings Public Hearings: 7:20 PM - #002 — Transfer of Funds for DPS Payroll Costs Associated with Contract — Referred back to Finance & Property Acceptance of Minutes of Previous Meeting: Regular Meeting — Monday, 4 January 2016 Approved 8 -0 Presentations, Awards and Memorials: None Communications from His Honor the Mayor: #019 January 19, 2016 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 RE: RESOLUTION BY THE CITY OF BEVERLY TO DISCONTINUE PORTIONS OF CHURCH AND BRISCOE STREETS RELATED TO THE REDESIGN OF ELLIS SQUARE AND TO DESIGNATE ELLIS SQUARE AS PARK LAND. Dear Honorable Council, I respectfully submit the attached resolution for the Council's consideration to discontinue portions of Church and Briscoe Streets related to the redesign of Ellis Square and to designate Ellis Square as park land for Article 97 purposes. In 2014, the City of Beverly, in partnership with Beverly Main Streets (BMS) successfully applied to the Community Preservation Committee (CPC) for $177,663 in funding to be dedicated to the execution of a plan to reconstruct Ellis Square. In 0 connection with the grant BMS, UBLA (the landscape architect), abutters and the City of Beverly have been working collaboratively to finalize the design which is nearing completion. The design requires that small portions of both Church and Briscoe Streets be discontinued to allow for a slightly expanded footprint of the Park. The proposed resolution and order, along with Exhibit A referenced therein, describe those portions to be discontinued. Accompanying this submittal is a draft set of plans for the Ellis Square reconstruction project. As to the designation of Ellis Square as park land, the Memorandum of Understanding by and between the City of Beverly's Community Preservation Committee and its Planning Department requires that the City of Beverly place a permanent use restriction on the land (per the Community Preservation Act, M.G.L. Chapter 44B) limiting it to recreational uses. The Order proposes that the mechanism to be employed establishing these restrictions be Article 97 of the Massachusetts Constitution which would only allow for the future disposition of such land in exceptional circumstances. I also respectfully request that the Council set a date for a public hearing on the Order to give the residents of Beverly an opportunity to comment on the matter. Feel free to contact Aaron Clausen, Director of Planning and Community Development, if you have any additional questions at 978 - 605 -2341. Sincerely yours, Michael P. Cahill Mayor cc: Stephanie Williams, City Solicitor Aaron Clausen, Planning & Community Development Director Michael Collins, Commissioner Public Services Greg St. Louis, City Engineer Denise Deschamps, Economic Development Planner Referred to Public Services to set a Public Hearing #020 January 6, 2016 Mr. David Gelineau Purchasing Agent City of Beverly 191 Cabot Street Beverly, MA 01915 RE: Evaluation Committee — RFP for the of a Sale of the 4 Acre Parcel, corner of LP. Henderson Road and Sam Fonzo Drive Dear Mr. Gelineau: I hereby appoint the following individuals to servfe as the ad -hoc evaluation committee to review the bids to the RFP for the sale of the 4 -Acres Parcel located at the corner of L.P. Henderson Road and Sam Fonzo Drive: Mr. Aaron Clausen Mr. Bryant Ayles Mr. Kevin Harutunian Ms. Denise Deschamps Mr. William Mahoney Mr. Peter Skerry Mr. Robert Mezzetti Sincerely yours, Michael P. Cahill Director of Planning and Community Development Director of Finance Chief of Staff Economic Development Planner Chairman, Beverly Airport Commission Commissioner, Beverly Airport Commission Airport Manager, Beverly Airport 10 Mayor Received and Placed on File — Approved 8 -0. #021 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Council on Aging, has received a Direct Grant from the Massachusetts Council on Aging in the amount of $2,280. With your approval, this grant will be used to provide falls prevention exercise classes and a "Live Your Life Well" event. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the Council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 19, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #022 January 19, 2016 The Honorable Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Emergency Management Department, has received an Emergency Management Performance Grant from the Massachusetts Emergency Management Agency in the amount of $9,460. With your approval, this grant will be used to provide interoperable communication equipment for Emergency Management. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the Council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 19, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property 11 #023 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Engineering Department, has received a Green Communities Grant from the Massachusetts Department of Energy Resources in the amount of $128,455. With your approval, this grant will be used for Beverly High School and Cove Elementary School energy projects. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 19, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #024 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Engineering Department, has received a Sustainable Materials Recovery Targeted Small Scale Initiatives Grant from the Department of Environmental Protection in the amount of $1,500. With your approval, this grant will be used to support recycling outreach and education. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the Council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 19, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property 12 13 #025 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly, through our Department of Planning and Community Development and our community partner, Beverly Main Streets, has received a Cultural District Initiative Grant from the Massachusetts Cultural Council in the amount of $5,000. The City of Beverly will disperse this grant to Beverly Main Streets to fund staff for the Beverly Arts District. This grant requires a 1:1 cash match of $5,000, which will be provided by Beverly Main Streets. Massachusetts General Law Chapter 44 Section 53A requires both council and mayoral approval before any grant or gifts to the city can be expended for their prescribed purpose. I therefore request the council approve this grant by taking action on this matter at your upcoming meeting of the City Council on January 19, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #026 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached for your review and approval is the proposed 2016 Member Rate Schedule for the Beverly Golf and Tennis Club submitted by Golf Facilities Management, Inc. and recommended by the Beverly Golf and Tennis Commission. There are no changes to the rules and member rates that were in place for 2015. The 2016 member rates have been reviewed and accepted by the Commission on December 8, 2015. Sincerely yours, Michael P. Cahill Mayor Order Read Once & Adopted — Vote 8 -0 14 #027 January 19, 2016 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 Zoning Board of Appeals: David Battistelli 7 Pillow Lace Lane Pam Gougian 23 Baker Avenue Their terms to be effective until January 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #028 January 19, 2016 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 as Trustees of the Public Library: Mary Behrle 21 Cobblers Lane Margaret Altman 114 Water Street Their terms to be effective until January 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services 15 #029 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Martin Lawler, 109 Water Street to serve on the Beverly Golf and Tennis Commission. His term to be effective until February 1, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #030 January 19, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Ms. Diane Costa, 14 Atlantic Avenue Street to serve on the Beverly Cable TV Advisory Commission and Mr. Eric Overberg, 174 Colon Street to serve as an Alternate on the Beverly Cable TV Advisory Commission. Their terms to be effective until January 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services Communications from other City Officers and Boards: #018 Communication — Chief of Police John LeLacheur requesting Swearing -In of 5 Permanent Reserve Police Officers by the City Clerk Received and Placed on File - Annroved 8 -0. 16 #031 Communication — Councilor Silva re: Senior Citizen Tax Work Off Abatement Program Order Withdrawn by Councilor Silva #003A Communication — OSRC re: Essex Crossing (232 Essex Street) Received and Placed on File - Approved 8 -0. #032 Communication — Council President Guanci re: Amended Ordinance XXVI, 26.05 "Mileage" Referred to Finance & Property and to Legal Affairs #033 Communication — BPD Traffic Sgt. re: Amended Ordinance XXI, 21.13 "Stopping, Standing & Parking" Referred to Legal Affairs #034 Communication — Solicitor's Office re: Amended Ordinance XXI, 21.13 "Stopping, Standing & Parking" correcting the days of the week the Ordinance applies to. Referred to Legal Affairs #035 Communication — City Clerk re: Amended Ordinance XXI, 21.13 "Stopping, Standing & Parking" correcting the section Referred to Legal Affairs #036 Communication — Animal Control Officer & Chief of Police re: Amended Ordinances X "Animals" 17 Referred to Legal Affairs Councilor Silva arrived @ 7:49 PM #037 Communication — Final Reports - Auditors Powers & Sullivan — FY ending 30 June 2015 Received and Placed on File — Approved 9 -0. Communications, Applications & Petitions #038 BPBA re: Proposed Ordinance Referred to Legal Affairs & to the Solicitor's Office #039 Application for Renewal of License to Peddle — Frank John Iritano, 7 Laura RD, Woburn Referred to Legal Affairs #040 Application for Renewal of License to Peddle — Maria Munroe / Cafe Maria — 112 Bridge Street Referred to Legal Affairs #041 — Late File by Councilor St. Hilaire — Accepted 9 -0 Warrant for the Presidential Primary Order Read Once & Adopted — Vote 9 -0 #042 — Late File by Councilor Lang — Accepted 9 -0 Petition — National Grid & Verizon re: Install 1 JO Pole, Strut Guy, and Anchor with a 6 ft lead across from pole #2531 Lothrop ST Referred to Public Services to Set a Public IV Unfinished Business: Final Passage: None Reports of Committees: #002 The Committee on Finance and Property, to whom was referred the matter of Transfer of funds — DPS Payroll Costs Associated with Contract have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption ORDERED: That the City of Beverly transfer $71,142 from the budgeted "Reserve for Separation of Service" (11324 / 57816) into various payroll lines within the Department of Public Services to fund the increase in payroll costs associated with the settlement of the DPS employee union's Collective Bargaining Agreement. Order read once and adopted. Vote: 9 -0. #021 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re: Acceptance of Massachusetts Council on Aging Grant by Beverly Council on Aging have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. #022 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re: Acceptance of Massachusetts Emergency Management Agency Emergency Management Performance Grant by Beverly Emergency Management Department have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. #023 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re: Acceptance of Massachusetts Department of Energy Resources Green Communities Grant by Beverly Engineering Department have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. #024 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re: Acceptance of Massachusetts Department of Environmental Protection Sustainable Materials Recovery Targeted Small Scale Initiatives Grant by Beverly Engineering Department have considered said matter and beg leave to report as follows: 19 Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. #025 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re: Acceptance of Massachusetts Cultural Council Cultural District Initiative Grant by Beverly Department of Planning and Community Development and our community partner, Beverly Main Streets, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. #003 The Committee on Legal Affairs, to whom was referred the matter of Communication from His Honor the Mayor re: Open space Conveyance at Essex Crossing (232 Essex Street), have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. #015 The Committee on Legal Affairs, to whom was referred the matter of Application — 2 nd Hand Junk Dealers License — Nyan Group, Inc dba Cash Point — 135 Cabot Street have considered said matter and beg leave to report as follows: Recommend the License be granted Order read once and adopted. Vote: 9 -0. #033 The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an Ordinance, Article XXI, Section 21.13 "Stopping, Standing & parking" (g) (ix) Handicapped Parking — 34 Swan Street 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: 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 (g) (ix) 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 correction: 34 Swan Street Replacing 31 Swan Street Order read once and adopted. Vote: 9 -0 #034 20 The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an Ordinance, Article XXI, Section 21.13 "Stopping, Standing & parking" (k) Two hour parking — Bow Street 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: 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 (k) "Two -hour parking" 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 correction: "Bow Street between Rantoul Street and Park Street (south side) "two -hour parking ", 5 feet west from the driveway curb cut, (4 spaces)" DELETE from (i) 7 days" ADD to (ii) "Monday through Friday" Order read once and adopted. Vote: 9 -0 #035 The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an Ordinance, Article XXI, Section 21.13 "Stopping, Standing & parking" (h) (i) 15 Minute Parking 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: 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 (h) (i) 15 Minute Parking" 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 correction: "Rantoul Street east side at the intersection of Fayette Street, beginning 20 feet south of Fayette Street for two spaces" DELETE from Chapter 14 -123a, 15 Minute Parking (old Code of Ordinance numbering) ADD to Section 21.13 "Stopping, Standing & parking" (h) (i) (current Code of Ordinance numbering) Order read once and adopted. Vote: 9 -0 #039 The Committee on Legal Affairs, to whom was referred the matter of Application — Application for Renewal of License to Peddle — Frank John Iritano, 7 Laura RD, Woburn have considered said matter and beg leave to report as follows: Recommend the License renewal be granted Order read once and adopted. Vote: 9 -0. #040 The Committee on Legal Affairs, to whom was referred the matter of Application — Application for Renewal of License to Peddle — Maria Munroe / Cafe Maria have considered said matter and beg leave to report as follows: 21 Recommend the License renewal be granted Order read once and adopted. Vote: 9 -0. #004 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointments to the Beverly Harbor Management Authority — J. David Suminsby, Rinus Oosthoek, George Simon, Pat McAleer and Chris D'Alphonso have considered said matter and beg leave to report as follows: Recommend the Council approve the Reappointments. Councilor Frates asked to recuse himself on the vote for Mr. D'Alphonso, who is his brother - in -law. Vote on Mr. D'Alphonso: 8 -0 -1 with Councilor Frates recused. Vote on the remaining reappointments other than Mr. D'Alphonso: 9 -0 #005 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Reappointments to the Beverly Board of Health — Mr. William J. Alpine, Jr. have considered said matter and beg leave to report as follows: Recommend the Council approve the Reappointment. Order read once and adopted. Vote: 9 -0 ff 111 ., The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Request for Public Hearing re: Church & Briscoe Streets discontinuance have considered said matter and beg leave to report as follows: Submit the accompanying amended Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, February 1 st, 2016 at 7:20 PM at City Hall, 191 Cabot Street, Beverly, MA, third floor, City Council Chambers relative to Church & Briscoe Streets discontinuance. Order read once and adopted. Vote: 9 -0 #042 The Committee on Public Services, to whom was referred the matter of Petition — National Grid & Verizon re: Install 1 JO Pole, Strut Guy, and Anchor with a 6 ft lead across from pole #2531 Lothrop ST have considered said matter and beg leave to report as follows: Submit the accompanying amended Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, February 1 st, 2016 at 7:15 PM at City Hall, 191 Cabot Street, Beverly, MA, third floor, City Council Chambers relative to a Petition from national Grid and Verizon to install 1 JO Pole, Strut Guy, and Anchor with a 6 ft lead across from pole #2531 Lothrop ST. Order read once and adopted. Vote: 9 -0 Motions and Orders: None 22 The Council President read a tribute from the Salem News, portions of a Letter to the Editor written by Jenny Nasser entitled "Remembering Dick Williams, more than a boss" in honor of the late Richard A. Williams, co -owner with his wife June for many years of Dick & June's Ice Cream Stand on Elliott Street, and also a retired Beverly Firefighter (31 years). Meeting Adjourned: 8:24 PM Attest: D. Wesley Slate, Jr. City Clerk 23