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Minutes - Monday 6 June 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES — DRAFT - Monday, June 6, 2016 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:00 PM Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President (arrived @ 7:05 PM), 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 Rand The Council President requested a Moment of Silence for Ofcr. Henry J. Civitarese, BPD (retired) Public Speakers: None Resolutions: None Presentations, Awards and Memorials: 1. John Somes, Greater Beverly Chamber of Commerce 2. #126 — Lorraine & Gene Sacco, Reid's Ride 12 Annual 28 Mike Bike -A -Thom — Sunday, 17 July - Received and Placed on File- Vote: 9 -0 Acceptance of Minutes of Previous Meeting: 1. Monday, 16 May 2016 — Regular Meeting - Vote to Accept: 9 -0 2. Monday, 23 May 2016 — Special Meeting — Vote to Accept: 9 -0 Public Hearings: 1. 7:20 PM - #122 — Petition — National Grid — 1 JO Pole @ Essex Street — Public Hearing held & Closed, Referred back to Public Services 2. 7:30 PM - #109 — Repairs @ Beverly Golf & Tennis Clubhouse —Public Hearing held & Closed, Referred back to Finance & Property Communications from His Honor the Mayor: #123 June 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am hereby submitting for your consideration a Home Rule Petition seeking additional liquor licenses for the City of Beverly. The purpose of the Petition is to promote economic development by allowing for the issuance of additional licenses at the discretion of the City at locations and to establishments in a thoughtful, planned manner that will facilitate that goal. A copy of the Petition is attached herewith. Sincerely yours, Michael P. Cahill Mayor 117 HOME RULE PETITION Voted, to petition the General Court to enact legislation authorizing the Licensing Authority of the city of Beverly to grant: (I) 6 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138; provided, however, that 2 of these licenses shall be restricted to establishments with seating capacities of not more than 150 persons; and (iii) 3 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138; provided, however, these licenses shall be restricted to specialty grocery stores as defined in the proposed special legislation below, all licenses being subject to the terms and conditions set forth in the proposed special legislation below concerning the payment of an acquisition fee, procedure for application for and issuance of licenses and limitations of transfers; provided that the legislature may reasonably vary the form and substance of the requested legislation within the scope of the general public objectives of this petition. The purpose of this Petition is to spur economic development by allowing for the issuance of additional licenses at the discretion of the City at locations and to establishments in a manner that will facilitate that goal. A draft of the proposed legislation is set forth herein below: AN ACT AUTHORIZING THE CITY OF BEVERLY TO GRANT ADDITIONAL LICENSES FOR THE SALE OF ALCOHOLIC BEVERAGES. 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. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Beverly may grant; (I) 6 additional licenses for the sale of wines and malt beverages to be drunk on the premises pursuant to section 12 of said chapter 138; (ii) 3 additional licenses for the sale of all alcoholic beverages to be drunk on the premises pursuant to said section 12 of said chapter 138; provided, however, that 2 of these licenses shall be restricted to establishments with seating capacities of not 118 more than 150 persons; and (iii) 3 additional licenses for the sale of all alcoholic beverages not to be drunk on the premises pursuant to section 15 of said chapter 138; provided, however, these licenses shall be restricted to specialty grocery stores as defined in subsection (b). The licenses shall be subject to all of said chapter 138 except said section 17. The licensing board may restrict the all alcoholic beverage licenses to a holder of a common victualler license. (b) For the purposes of this act, "specialty grocery store" shall mean retail food markets that are limited in scale and offer food provisions including, but not limited to, fresh produce, dairy, baked goods and meats similar to a delicatessen or green grocer. A specialty grocery store may include locally -grown or locally -made food and beverages and may also include prepared food for consumption off the premises. (c) Notwithstanding sections 12 and 15 of chapter 138 of the General Laws, a license issued pursuant to this act may be subject to an initial, 1 -time acquisition fee in an amount to be determined by the city of Beverly which shall be in addition to any existing annual license fee applicable in the city of Beverly for the sale of wines and malt beverages to be drunk on the premises, for the sale of all alcoholic beverages to be drunk on premises or for the sale of all alcoholic beverages not to be drunk on the premises, as the case may be. The initial 1 -time acquisition fee shall be due and payable upon the original issuance of the license and also upon the issuance of any such license to a new applicant under this act. (d) Once issued, a granted issued pursuant to this act shall not be transferable to any other location but it may be granted to a new applicant at the same location if the applicant files a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with the those departments and that all applicable taxes, fees and contributions have been paid. (e) If a license issued under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights and privileges pertaining thereto, to the licensing authority, and the licensing authority 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. Referred to Legal Affairs 119 #124 June 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached for your consideration is an ordinance change to parking on Bow Street. Currently, the five parking spaces on Bow Street South from Cabot Street (adjacent to A &B Burgers) are signed for 30 minute parking. This request will change those five spaces to 2 hour metered parking, consistent with parking on other side streets in the Downtown area. Sincerely yours, Michael P. Cahill Mayor Attachment In the year two thousand and sixteen An ordinance amending an ordinance entitled Chapter 270- Vehicles and Traffic, Article VII: Parking Regulation Device: Sections 270 -71 Be it ordained by the City Council of the City of Beverly as follows: By amending Chapter 270- Vehicles and Traffic, Article VII: Parking Regulation Device: Sections 270 -71 as follows: By adding to § 270 -71 "Bow Street" "South" "Extending 115 feet West of Cabot Street, 8:00 a.m. to 5:00 p.m. (5 spaces)" Referred to LeLyal Affairs & the ParkinLy and Traffic Commission #125 May 12, 2016 The Honorable City Council City Hall, 191 Cabot Street Beverly, MA 01915 RE: Request to approve a lease extension for the telecommunications tower located at the Beverly Regional Airport. Dear Honorable Council: I respectfully submit the attached request by the Beverly Regional Airport Commission to extend the existing lease with SBA Communication Corporation for the telecommunications tower located on Airport Property. Please feel free to contact Bob Mezzetti, Beverly Airport Manager, directly to answer any questions you might have relative to the request. 120 Sincerely, Michael P. Cahill Mayor cc: Aaron Clausen, Planning Director Robert Mezzetti, Airport Manager Bryant Ayles, Finance Director Kevin Harutunian, Chief of Staff Stephanie Williams, City Solicitor Referred to Finance & Pro Communications from other City Officers & Boards: Councilor Latter re: Amended Ordinance — Handicapped Sign — 19 Grant Street Referred to Legal Affairs #127 City Clerk re: Increase in Taxi Fee from $30.00 to $50.00 Referred to Legal Affairs #128 Council President Guanci re: Council Reappointment — CPC — Heather Richter, 9 Riverview Street Approved on the Floor - Vote: 9 -0 #129 CPC re: Set Public Hearing re: Out -Of -Cycle Applications for Monday, 20 June 2016 @7:30 PM Referred to Finance & Property to set a Public Hearing Communications, Applications & Petitions: #130 Application — License to Peddle — John M. Phelps, 46 Jordan Street Referred to Legal Affairs 121 #131 Application — 2n Hand Junk Dealer — Beverly Bootstraps — 198 Rantoul Street Referred to Legal Affairs #132 Request to Waive Alcohol in Public Buildings Ordinance — Margaret Eyre Thorndike — 71 Paine Avenue / Prides Crossing — BFL — Thursday, 4 August Referred to Legal Affairs Unfinished Business: None Final Passage: #101 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re: Amended Ordinance "Water ", Section 282 -13 "Demand Charge ", 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 entitled "Water" relative to Section 282 -13. Demand Charge. Be it ordained by the City Council of the City of Beverly as follows: By amending Chapter 282, Section 282 -13, subsection C entitled "Demand charge" of the 2016 Beverly Code of Ordinances by inserting the following schedule of charges in subsection C, after the last sentence of that subsection: Water Demand Fee Schedule of Charges 122 Pipe Size at Building Cu. Inch/Ft Domestic Use Fire Suppression 1 Inch 9.43 $2,500 $2,000 1 -1/4 Inch 14.7 4,677 3,118 1 -1/2 Inch 21.2 6,744 4,496 2 Inch 37.7 11,994 7,996 4 Inch 150.8 47,975 31,983 6 -8 Inches 339.3 -603.2 149,920 99,947 10 -12 Inches 942.5- 1357.20 365,806 243,870.50 First Reading: 2 May 2016 Second Reading: 16 May 2016 Hold for Publication and Final Passage Final Passage: 6 June 2016 Order read — Final Passage - and adopted. Vote: 9 -0. Reports of Committees: #109 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Repairs — Golf & Tennis Club, 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. #125 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: SBA Communications Lease Extension at the Beverly Regional Airport, 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. #129 The Committee on Finance & Property, to whom was referred the matter of Communication — CPC re: Out -of -Cycle Applications, have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption: ORDERED: that the Beverly City Council hold a Public Hearing on Monday, June 20, 1026 @ 7:30 p.m. in the City Hall Council Chamber, 191 Cabot Street — 3r Floor, Beverly, MA, relative to Community Preservation Committee (CPC) funding recommendations for two CPA projects: 1. Ellis Square Redesign, CPC Project #$1 -10; and 2. Beverly Golf & Tennis Club Out -of -Cycle Application. Order read once and adopted. Vote: 9 -0. #070A — First Reading The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Latter re: Handicapped Sign @ 19 Grant Street, have considered said matter and beg leave to report as follows: 123 Submit the accompanying amended Ordinance and recommend its adoption pending Publication and Final Passage: ORDERED: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and sixteen An Ordinance amending an Ordinance relative to: Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ", Amending Section 270 -49 as follows: ADD: Grant Street North at approximately 19 Grant Street. Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. Ordinance to take effect upon Final Passage. First Reading: Monday, 6 June 2016 Advertise and hold for Final Passage Second Reading: Monday, 20 June 2016 Final Passage: Monday, 20 June 2016 Order read once — First Readina - and adopted. Vote: 9 -0. #110 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re: Appointment of Mr. Chris Gajeski, 8 -1/2 Vine Street to the Conservation Commission, have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointment: Discussion ensued concerning Mr. Gajeski's residency and whether the Council could grant a waiver of residency for an appointee who does not currently live in Beverly. At the 23 May Special Meeting, Councilor Martin entered a "Hold" on the measure until the matter of Mr. Gajeski's residency can be resolved. Since then Mr. Gajeski contacted the Clerk's and Mayor's Offices to inform that he is now a resident of Wenham, and has registered to vote in that community. Per the Charter, he is therefore not eligible to be aaaointed as a new Member of a Multiole- Member Bodv. Received and Placed on File - Vote: 9 -0 #124 — First Reading The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re: Amended Ordinance — Parking on 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: ORDERED: In the year two thousand and sixteen An ordinance amending an ordinance entitled Chapter 270- Vehicles and Traffic, Article VII: Parking Regulation Device: Sections 270 -71 Be it ordained by the City Council of the City of Beverly as follows: 124 By amending Chapter 270- Vehicles and Traffic, Article VII: Parking Regulation Device: Sections 270 -71 as follows: By adding to § 270 -71 "Bow Street" "South" "Extending 115 feet West of Cabot Street, 8:00 a.m. to 5:00 p.m. (5 spaces)" First Reading: 6 June 2016 Second Reading: 20 June 2016 Hold for Publication & Final Passage Final Passage: 20 June 2016 Order read once — First Reading - and adopted. Vote: 9 -0. #127 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk re: Increase Taxi Fee from $30.00 to $50.00 effective 1 July 2016, 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. #130 The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle — Hot Dogs & Novelties — John M. Phelps, 46 Jordan Street (RENEWAL), have considered said matter and beg leave to report as follows: Recommend the Renewal License be Granted Order read once and adopted. Vote: 9 -0. #131 The Committee on Legal Affairs, to whom was referred the matter of Application for 2 nd -Hand Junk Dealers License — Beverly Bootstraps Community Services — 198 Rantoul 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. #132 The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Alcohol in Public Buildings Ordinance — Artist's Reception — Margaret Eyre Thorndike — Beverly Farms Library, 4 August 2016, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request 125 Order read once and adopted. Vote: 9 -0. Motions and Orders: None Meeting Adjourned: 8:40 PM Attest: D. Wesley Slate, Jr. City Clerk 126