2016-02-01Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, Februuary 1, 2016 @ 7:00 PM
Beverly City Hall, 3r Floor, Council Chamber
Called to Order @ 7:01 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, Paul M. Guanci -
President.
Pledge of Allegiance to the Flag: Councilor Frates
Resolutions:
#043 — Benjamin S. Rich — 63 Baker Avenue
Public Speakers:
1. Richard Benevento, Chair — Parking and Traffic Commission
Public Hearings:
7:15 PM - #042 — National Grid & Verizon re: East Lothrop Street —
Company Representative did not appear — Continued to Tuesday, 16
February 2016 (cD_ 7:15 PM — Vote 9 -0.
7:20 PM - #019 — Church & Briscoe Streets discontinuance — Abutters were
not notified — Recessed until Tuesday, 16 February 2016 (cD_ 7:25 PM — Vote
9 -0.
Acceptance of Minutes of Previous Meeting:
Regular Meeting — Tuesday, 19 January 2016 Approved 9 -0
Special Meeting — Monday, 25 January 2016 Approved 9 -0
Presentations, Awards and Memorials: None
Communications from His Honor the Mayor:
#044
February 1, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. John W. Lund, 58
Middlebury Lane, Beverly to serve on the Beverly Airport Commission.
Mr. Lund will complete the term of Mr. Anthony Dettore who recently resigned. His
term to be effective until December 31, 2017.
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Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#045
February 1, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City has reached agreement with the Library employee union on the terms for
Collective Bargaining Agreements through June 30, 2018. The terms of the agreements
are subject to an appropriation by the City Council. I therefore request a transfer of
$19,093 from the budgeted reserve for separation of service (11324 / 57816) into various
payroll lines within the Library Department.
In addition, I am requesting that $25,000 be transferred from the reserve for Unforeseen
(11324 / 57820) into the Building Department (12412 / 52704) to pay move and building
improvement costs associated with their relocation to G.A.R. Hall.
These transfers will require a public hearing prior to a Council vote. Please initiate action
on this request at your upcoming City Council meeting.
Thank you.
Sincerely yours,
Michael P Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
#046
February 1, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
We have been notified that the Federal Emergency Management Agency (FEMA) has
approved a grant request submitted by the City of Beverly under the Hazard Mitigation
Grant Program. The award funds up to 75% of costs associated with the development of
preliminary design plans for a number of flood mitigation projects on and around the
Cummings Center campus and Shoe Pond areas. The total cost for this phase of the
award is estimated to be $513,398. The City's responsibility of the cost will be $128,349
with the FEMA grant reimbursing the City for the remaining 75% or $385,049. We have
already begun some preliminary work internally which along with existing drainage
appropriations should comprise the 25% match. We will, however, need approval to
expend funds in anticipation of the reimbursement and therefore request an appropriation
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of a loan order in the amount of $385,049. This amount will be completely offset by the
Grant upon reimbursement.
This action will require a public hearing be set prior to a Council vote. Please initiate
action on this matter at your upcoming City Council meeting.
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
#047
January 13, 2016
Mr. Donald Nino Lombardi
3 Lawnbank Road
Beverly, MA 01915
Dear Nino,
On behalf of the City of Beverly, I want to congratulate you on your recent outstanding
accomplishing and recognition as an artist. It is great to hear that a proud Beverly
resident is being acknowledged by the President and First Lady for their work. You are
an embodiment of what it means to work towards your dream and a model for many
aspiring artists in this City.
Thank you, again, for sharing your success with us and for all that you do!
Sincerely yours,
Michael P. Cahill
Mayor
PS — Your Alice is proud of you every day, I am sure!
Receive and Place on File — Vote: 9 -0
Communications from other City Officers and Boards:
#043 — Resolution - Benjamin S. Rich - 63 Baker Avenue, Eagle Scout
Order read once and adopted - Vote: 9 -0.
Communication - BPD Traffic Sgt. Re: Amended Ordinance - No Parking - Court
Street, Both Sides
Referred to Legal Affairs & the Parking and Traffic Commission.
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#049
Communication — Council President re: CPC Council Appointee — Christine M. Edwards
Ms. Edwards spoke briefly and introduced herself to the Council, giving her background
and interest in serving in the position.
Approved on the Floor — Vote: 9 -0
#050
Communication — Planning Director re: Community Development Block Grant
application
Planning Director Aaron Clausen explained that this is an information letter to the City
Council. Councilor Martin recused himself from the discussion as he works for MA-
DHCD on this Program, though in that capacity he has no dealings with any matters
related to the City of Beverly.
Referred to Finance & Property
#051
Communication — BPD Traffic Sgt. Re: Request for Handicap Parking Sign — 27 Fayette
Street
Referred to Legal Affairs
#052
Communication — CPC re: 2 CPA Funding Recommendations
Referred to Finance & Property to set a Public Hearing
Council President entertained a Motion to accept Late Files — Approved — Vote: 9 -0
#053
LATE FILE — Councilor Martin re: Petition from constituents re: Brimbal Hill Drive
Referred to Legal Affairs & the Parking and Traffic Commission
#054
LATE FILE — Councilor Rand re: 2nd Hand Junk Dealer's License — 34 Cabot Street
Referred to Legal Affairs
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#055
LATE FILE — Councilor Martin re: Zoning Ordinance Amendment (also signed by
Council President Guanci, Council Vice President Houseman, Councilors -at -Large Silva
and St. Hilaire, Councilors Lang, Rand and Frates
Referred to Legal Affairs and the Planning Board
#013A
LATE FILE — Councilor St. Hilaire re: Amendment to Order #2016 -013 suggested by the
Solicitor's Office
Referred to Legal Affairs.
Communications, Applications & Petitions: None
Unfinished Business: Final Passage:
#033 — Ordinance Amending an Ordinance, Article XXI, Section 21.13,
"Stopping, Standing & Parking" (g) (ix) Handicapped Parking — 34 Swan St
Order read once and adopted — Vote: 9 -0
#034 — Ordinance Amending an Ordinance, Article XXI, Section 21.13,
"Stopping, Standing & Parking" (k) Two hour parking — Bow Street
Order read once and adopted — Vote: 9 -0
#035 — Ordinance Amending an Ordinance, old Code Chapter 14.123a,
current Article XXI, Section 21.13 "Stopping, Standing & Parking" (h) (i) 15
Minute Parking
Order read once and adopted — Vote: 9 -0
Reports of Committees:
#045
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor — Transfers to fund (1) the Library Employee union's Collective Bargaining agreement; and (2)
building improvement costs associated with the Building Department's move to the G.A.R. Hall, 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 hold a Public Hearing on Tuesday,
February 16, 2016 at 7:20 PM at Beverly City Hall, third floor, City Council Chambers, 191 Cabot
Street, Beverly, MA, relative to (1) the transfer of $19,093 from the budgeted reserve for
separation of service (11324 / 57816) into various payroll lines within the Library Department to
fund the Collective Bargaining Agreement with the Library employee union; and (2) the transfer of
$25,000 from the reserve for Unforeseen (11324 / 78520) into the Building Department (12412 /
52704) to pay move and building improvement costs associated with their relocation to G.A.R.
Hall.
Order read once and adopted. Vote: 9 -0.
#046
The Committee on Finance and Property, to whom was referred the matter of Communication —
Mayor — Acceptance of a grant under FEMA's Hazard Mitigation Grant Program for $385,049, 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 on Tuesday,
February 16, 2016 at 7:15 PM at Beverly City Hall, third floor, City Council Chambers, 191 Cabot
Street, Beverly, MA, relative to the acceptance of a grant under FEMA's Hazard Mitigation Grant
Program for $385,049.
Order read once and adopted. Vote: 9 -0.
#050
The Committee on Finance & Property, to whom was referred the matter of Correspondence —
Planning Director re: CDBG — Community Development Block Grant, have considered said matter
and beg leave to report as follows:
Receive and Place on File
Order read once and adopted. Vote: 8 -0 -1, Councilor Martin having recused himself from
discussion on this matter previously.
#052
The Committee on Finance and Property, to whom was referred the matter of Communication — CPC
re: Funding, 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 on Tuesday,
February 16, 2016 at 8:00 PM at Beverly City Hall, third floor, City Council Chambers, 191 Cabot
Street, Beverly, MA, relative to (1) appropriate $20,000.00 from the Community Preservation
General Reserve fund in the Planning & Community Development Department to undertake the
development of a Housing Plan; and (2) to transfer $79,781.00 from the General Reserve Fund to
the Community Housing Reserve Fund.
Order read once and adopted. Vote: 9 -0.
#013
The Committee on Legal Affairs, to whom was referred the matter of Communication from City Clerk
re: Proposed Code Adoption Ordinance, 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:
ORDERED: That the City Council approve the amended Ordinances as submitted by General Code
and approved as amended by the Legal Affairs Committee.
First Reading: January 25, 2016
Second Reading: February 1, 2016
Final Passage: February 16, 2016
Order read once and adopted. Vote: 9 -0.
#013A
The Committee on Legal Affairs, to whom was referred the matter of Correspondence — Councilor St.
Hilaire re: LATE FILE — Amendment to "Code of Ordinance" document, 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:
ORDERED: Motion to Amend Order No. 13
To strike proposed amendments to Section 1 -1 B concerning definition of "computation of time"
and definition of "days."
To strike proposed amendment Section 15 -43 as noted on page A -5.
And amend to "original Section 16.34(b)(iv)" to read 15.44(b)(iv) and amend "original section
16.34(h)" to read 15.44(h)
Order read once and adopted. Vote: 9 -0.
#027
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor —
Reappointments of David Battistelli and Pam Gougian to serve on the Zoning Board of Appeals,
have considered said matter and beg leave to report as follows:
Recommend the Council approve the Reappointments.
Order read once and adopted. Vote: 9 -0.
#036
The Committee on Legal Affairs, to whom was referred the matter of Correspondence — Animal
Control Officer & Chief of Police re: Ordinances Amending Ordinances — Chapter 10 "Animals ", have
considered said matter and beg leave to report as follows:
Submit the accompanying amended Ordinances and recommend their adoption pending publication
and Final Passage:
ORDERED: That the City Council approve the amended Ordinances as submitted by the Animal
Control Officer and the Chief of Police and approved as amended by the Legal Affairs Committee.
First Reading: January 25, 2016
Second Reading: February 1, 2016
Final Passage: February 16, 2016
Order read once and adopted. Vote: 9 -0.
#051
The Committee on Legal Affairs, to whom was referred the matter of Communication — Traffic Sgt.
Re: Handicapped Sign @ 27 Fayette 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 an Ordinance relative to:
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ARTICLE XXI "Motor Vehicles and Traffic ", Section 21.13 "Stopping, Standing and Parking ",
Amending Section 21.13 (k) "Two -hour parking" (i) as follows:
ADD: [following "Fayette Street, northerly side, from Rantoul Street to South Hardy Street "]:
except one space in front of 27 Fayette Street.
First Reading: February 1, 2016
Second Reading: February 16, 2016
Final Passage: February 16, 2016
Order read once and adopted. Vote: 9 -0.
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointments of Mary Behrle and Margaret Altman as Trustees of the Public Library have
considered said matter and beg leave to report as follows:
Recommend the Council approve the Reappointments.
Order read once and adopted. Vote: 9 -0.
#029
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointment of Martin Lawler to the Beverly Golf and Tennis Commission 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.
#030
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Reappointments of Diane Costa and Eric Overberg (Alternate) on the Beverly Cable TV Advisory
Commission have considered said matter and beg leave to report as follows:
Recommend the Council approve the Reappointments.
Order read once and adopted. Vote: 9 -0.
Motions and Orders: None
Meeting Adjourned: 8:28 PM Attest: D. Wesley Slate, Jr.
City Clerk
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