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Minutes - Tuesday 6 September 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Tuesday, 6 September 2016 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:02 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 Martin The Council President requested a Moment of Silence for Dr. Mayo Johnson, longtime Member of the Conservation Commission and the BPD Citizens Advisory Committee Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): None Swearing -In: Tyler J. Simpson, Firefighter, BFD Resolutions: #192 — Beverly Williamsport Team — Beverly Little League — Council President entertained a Motion to Approve — Vote: 9 -0 Public Hearings: 1. 7:30 PM - #180 re: CPC's FY2017 Proposed CPA — Public Hearing held & Closed, Referred back to Finance & Property Acceptance of Minutes of Previous Meetings: 1. Monday, 20 June 2016 — Regular Meeting 2. Wednesday, 6 July 2016 — Special Meeting 3. Tuesday, 2 August 2016 — Special Meeting 4. Tuesday, 16 August 2016 — Special Meeting - Vote to Accept All: 9 -0 Communications from His Honor the Mayor: #193 September 6, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I request the authorization for the establishment of a revolving fund to support off -duty safety work by our Harbormaster staff The fund would allow the City to bill entities requiring specific safety or patrol coverage and compensate any off duty harbor employees performing such work. This fund would hold and revenues and expenses outside of the City general fund and facilitate timely billing and compensation in the future. Thank you. Sincerely yours, Michael P Cahill Mayor Referred to Finance & Pro 127 #194 September 6, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I request the authorization for the establishment of a special revenue fund to receive and expend gifts in support of our veterans and veteran related events. The initial gift of $4,059 from the Beverly Veterans Council would be deposited into the fund upon your approval of its establishment. The Beverly Veteran's Council would continue to play an advisory role in the disbursement of these funds which would be held within the City treasury. I look forward to discussing this request in more detail at your upcoming City Council meeting. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #1236 September 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am hereby submitting for your consideration an amended Home Rule Petition seeking additional liquor licenses for the City of Beverly. I originally submitted a Home Rule Petition seeking these licenses on June 6, 2016. (Order 123 of 2016) On July 8, 2016, the order was adopted by the Council, and thereafter, it was filed with the state legislature. Subsequent to the filing, the legislature determined as a matter of policy that home rule petitions for liquor licenses should include designated zones for the issuance of the licenses. We have amended our Petition as such. The purpose of the Petition remains the same: 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 Enc. 128 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, the procedure for application for and issuance of licenses and limitations of transfers, and the creation specific zones in which the licenses may be granted; 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) For the purposes of this act, the word "map" shall refer to the map entitled "Beverly Proposed Liquor License Area Locations" dated August 12, 2016, a copy of which is on file at the Beverly City Clerk's Office. (b) 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 129 138; (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 subsection (c). The licensing board may restrict the all alcoholic beverage licenses to a holders of a common victualler license. The licensing authority of the city of Beverly may grant the licenses in this Section, subject to the following conditions: (1) One or more licenses may be granted to establishments within the North Beverly area, the boundaries of which are shown on the map. (2) One or more licenses may be granted to establishments within the Route 22 area, the boundaries of which are shown on the map. (3) One or more licenses may be granted to establishments within the Farms /Prides area, the boundaries of which are shown on the map. (4) One or more licenses may be granted to establishments within the Ryal Side area, the boundaries of which are shown on the map. (5) One or more licenses may be granted to establishments within the Downtown /Waterfront area, the boundaries of which are shown on the map. (c) 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. (d) The licenses issued pursuant to subsection (b) shall be subject to all of said chapter 138 except said section 17. SECTION 2. (a) Once a license is granted pursuant to this act, the licensing authority shall not approve the transfer of the license to any other location or area, but it may grant the license to a new applicant at the same location and under the same conditions as specified in this act 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. 130 (b) 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, privileges, and restrictions 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 3. 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. SECTION 4. This act shall take effect upon its passage. 11 Beverly Proposed Liquor License Area L Referred to Legal Affairs The Council President entertained a Motion to Accept 4 Late Files from His Honor the Mayor — Approved - Vote: 9 -0 LATE FILE - #195 September 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that you approve the attached order accepting the new version of M.G.L. ch. 32B, section 20 concerning the creation of an Other Post Employment Benefits (OPEB) trust fund by the City. In April 2015, the Council accepted the then existing provisions of ch. 32B section 20, which authorized the creation of an OPEB reserve /stabilization fund. Recently, as part of Governor Baker's Municipal Modernization Act, ch. 32B, section 20 was amended in order to clarify that governmental units may establish an OPEB trust fund that complies with the legal requirements for trusts and with the Governmental Accounting Standards Board (GASB). The Solicitor's Office has recommended that the City re- accept the statute so that the City may proceed under the revised language if it chooses to do so. 131 The revision of the statute is timely because, on October 1, 2016, the City plans to implement its agreement with seven of the City's bargaining units pursuant to which, each year, employees will reduce their annual sick leave allotment by one day and the City, in turn, will deposit the value of each sick day into the City's OPEB trust fund. Establishing a trust to meet the City's OPEB liability is widely viewed as fiscally responsible. For your consideration, I am attaching a Memorandum, dated March 10, 2015, prepared by the Finance Director concerning this issue and a copy of the revised statute. I respectfully request that you commence action on this order at your September 6, 2016 meeting. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property LATE FILE - #208 September 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint subject to your review and recommendation Ms. Amy Gadbois Garniss, 5 Melvin Avenue, Beverly to serve on the Conservation Commission. She will fulfill the term of Jay Donnelly, who stepped down. Her term is to be effective until June 30, 2018. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs LATE FILE - #209 September 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint subject to your review and recommendation Ms. Nancy Houghton, 20 Sohier Road, Apt. 707, Beverly to serve on the Commission on Disabilities. 132 Her term is to be effective until November 1, 2017. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services LATE FILE - #210 September 6, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint 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 Commission. His term is to be effective until August 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs Communications from other City Officers & Boards: #196 Chief, BPD re: Promotions Receive and Place on File #198 Councilor Silva re: Council's Auditors Referred to Finance & Property #199 Councilor Rand re: Amended Ordinance — H sign — Church Street & YMCA Referred to Legal Affairs 133 #200 BPD Traffic /Safety Sergeant re: H Sign — 14 Chestnut Street Referred to Legal Affairs #201 Councilor Lang re: Reappointment — OSRC — David Brewster Approved on the Floor: 9 -0 #202 Council Vice President Houseman re: Reappointment — OSRC — David Gardner Councilor Martin commented that there is also a position open for a Ward 5 Representative to the OSRC and if any resident of Ward 5 is interested they should contact him to be considered for appointment. Approved on the Floor: 9 -0 The Council President entertained a Motion to Accept 4 Late Files from Planning Director - Approved — Vote: 9 -0 LATE FILE - #211 Planning Director re: Proposed Amendment to the City's Zoning Ordinance — Section #300 -38 — Set a Joint Public Hearing with the Planning Board Referred to Legal Affairs and the Planning Board #197 Council President re: Amended Ordinance — Elected Officials Compensation Referred to Legal Affairs, and Finance & Property Communications, Applications & Petitions: #203 Application — Livery License — Tri -Star Vehicle Leasing — 1 additional vehicle for total of 24 vehicles Referred to Legal Affairs #204 134 Petition — National Grid re: Set Public Hearing — 102 Cherry Hill Drive & Sam Fonzo Drive Referred to Public Services to Set a Public Heari #205 Petition — National Grid re: Set Public Hearing — 102 Cherry Hill Drive Referred to Public Services to Set a Public Hearing .� ., Petition — National Grid re: Set Public Hearing — 22R Lothrop Street Referred to Public Services to Set a Public HearinLy #207 Communication — Manny Barros re: Claim Receive and Place on File — Approved — Vote: 9 -0 Unfinished Business: None Final Passage: #181 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Latter re: Repeal of Parking Ordinance — North Shore Volkswagen, 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: Be it ordained by the City Council of the City of Beverly as follows: In the year two thousand and sixteen The following Ordinance is hereby repealed following the closing of the referenced business, North Shore Volkswagen: Chapter 270. Vehicles and Traffic Article VI. Stopping, Standing and Parking Restrictions #270 -44. Permitted parking. REPEAL: "Parking shall be allowed in the driveways of North Shore Volkswagen from 9:00 p.m. to 8:00 a.m. Monday through Friday and from 6:00 p.m. Saturday until 8:00 a.m. Monday." First Reading: Tuesday, 2 August 2016 Advertised in the Salem News on 27 August 2016 135 Second Reading: Tuesday, 6 September 2016 Final Passage: Tuesday, 6 September 2016 Order read once and adopted — Vote: 9 -0 Public Hearings: 2. 7:45 PM - #176 re: Appropriation Request for BPBA Contract — Public Hearing held & Closed, Referred back to Finance & Property Presentations, Awards and Memorials: 1. Patrick & Lauren Belmonte, "Change is Simple" Reports of Committees: #176 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Appropriation Request for BPBA Contract funding have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 8 -1 (Silva opposed). The Committee on Finance & Property, to whom was referred the matter of Communication — CPC re: FY2017 Proposed CPA, 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. #193 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Request for new Revolving Account — Off Duty Safety Work - Harbormaster, 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. #194 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Request for new Special Revenue Account — Gifts — Veterans & Veterans' Events, 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: Recommend the Council Approve the Request Order read once and adopted. Vote: 9 -0. 136 #195 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Request for Creation of OPEB Trust Fund, have considered said matter and beg leave to report as follows: Recommend the Council approve the Request Council Vice President Houseman raised questions concerning the requirements and control of the Trust Fund, discussion ensued with City Solicitor and the Finance Director, and Councilors. Council President entertained a Motion to return the Measure to Committee for further review Referred back to Finance and Property - Annroved - Vote: 9 -0 #1236 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor re: Amended Home Rule Petition for additional Amended Liquor Licenses , 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. 2 nd Readings & Final Passage ( #199 & 200) #199 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand (Amended Ordinance) re: Additional Handicapped parking Space on the west side of Church Street behind the Cabot YMCA, 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: 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: one additional handicapped accessible parking space to the West side of Church Street behind the Cabot YMCA. Ordinance to take effect upon Final Passage. First Reading: Tuesday, 6 September 2016 Advertise and hold for Final Passage Second Reading: Monday, 19 September 2016 Final Passage: Monday, 19 September 2016 Order read once and adopted. Vote: 9 -0. #200 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /safety Sergeant (Amended Ordinance) re: Additional Handicapped Parking space at 14 Chestnut Street, have considered said matter and beg leave to report as follows: 137 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: one additional handicapped accessible parking space in front of 14 Chestnut Street Ordinance to take effect upon Publication and Final Passage. First Reading: Tuesday, 6 September 2016 Advertise and hold for Final Passage Second Reading: Monday, 19 September 2016 Final Passage: Monday, 19 September 2016 Order read once and adopted. Vote: 9 -0. #203 The Committee on Legal Affairs, to whom was referred the matter of Application — License for 1 Additional Vehicle — Tri -Star Vehicle Leasing, have considered said matter and beg leave to report as follows: Recommend the License be Granted Order read once and adopted. Vote: 9 -0. #211 The Committee on Legal Affairs, to whom was referred the matter of a LATE FILE Communication — Planning Director re: Proposed Amendment to the City's Zoning Ordinance — Section #300 -38 (Set a Joint Public Hearing with the Planning Board), 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 and the Beverly Planning Board will hold a Joint Public Hearing on Monday, 3 October 2016 at 7:30 p.m. in City Hall, 191 Cabot Street — 3 r Floor, Council Chamber, Beverly, MA, relative to a proposed Amendment to the Zoning Ordinance 4300 -38 by amending Chapter 300 — Zoning, Article VI: District Regulations as follows: By deleting Section 300 -38 RSD Special Residential District. And; By entering the following amendment on the Zoning Map pursuant to Section 300 -8: The District designated "RSD" on the Zoning Map of the City of Beverly, Massachusetts, shall be henceforth designated "R -22" and any and all lots therein shall henceforth be designated as "R -22" (City of Beverly Tax Assessor Map 40, Lots IA, 45, 46, 47, Map 28, Lot 126, and Map 52 Lot 75). Order read once and adopted. Vote: 9 -0. 138 #204 The Committee on Public Services, to whom was referred the matter of Application — National Grid re: Set a Public Hearing for 102 Cherry Hill & Sam Fonzo Drives, have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 19 September 2016 at 7:45 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to a Petition from National Grid to relocate 1 SO Pole beginning at a point approximately 360 feet Northwest of the intersection of Cherry Hill Drive and Sam Fonzo Drive and continuing approximately 56 feet in a Northwest direction. Order read once and adopted. Vote: 9 -0. #205 The Committee on Public Services, to whom was referred the matter of Application — National Grid re: Set a Public Hearing For 102 Cherry Hill Drive, have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 19 September 2016 at 7:50 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to a Petition from National Grid to install 1 Secondary Handhole approximately 6 feet from base of new pole locatiojn. +/- 1 Oft of 1 -2" conduit will be installed from Handhole to base of street light support. Order read once and adopted. Vote: 9 -0. #206 The Committee on Public Services, to whom was referred the matter of Application — National Grid re: Set a Public Hearing for 22R Lothrop Street, have considered said matter and beg leave to report as follows: Submit the accompanying Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 19 September 2016 at 7:55 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to a Petition from National Grid beginning at a point approximately 20 feet Northeast of the centerline of the intersection of Lothrop St and Quincy Park and continuing approximately 210 feet in a Northwest direction. Conduit will be installed from MH 505 -A ( -2 Oft from intersection of Lothrop St and Quincy Park) to Public Row entrance ( +/- 35ft) between 22 and 24 Lothrop St, down Public Row ( +/- 175ft) into proposed Handhole located in Row approximately 10ft in front of foundation of 22R Lothrop St. Order read once and adopted. Vote: 9 -0. Motions and Orders: None Meeting Adjourned: 8:56 PM Attest: D. Wesley Slate, Jr. City Clerk 139 140