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Minutes - Monday 19 September 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Monday, 19 September 2016 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:04 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 Rand The Council President requested a Moment of Silence for John F. "Jake" Condon, Former Ward 2 Alderman, Beverly Postmaster (ret.), World War II Veteran of the United States Navy, & longtime Member of the Historic District Commission, Ward 2 Civic Association, and resident of the Goat Hill Neighborhood Swearing -In (Beverly Police Department): Promotion to Captain: Timothy C. Hegarty Promotion to Lieutenant: David A. Richardson Richard R. Russo, Jr. New Officers: Michael C. Broderick David Gagnon Ryan Hegarty Kevin Thomasson Recognition of Outstanding Work: Stephen Cecchini April Clarizia Harold Geary Ryan Hegarty Michael Henebury Jason Lantych Darlene Prinz Shawn Desmond Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): None Acceptance of Minutes of Previous Meetings: 1. Tuesday, 6 September 2016 —Regular Meeting -Vote to Accept: 9 -0 Communications from His Honor the Mayor: #212 September 19, 2016 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 RE: Amendments to an Ordinance Entitled Licenses and Business Regulations, Article V: Junk and Secondhand Dealers 141 Dear Honorable Council: Enclosed please find proposed amendments to an ordinance entitled Licenses and Business Regulations, Article V: Junk and Secondhand Dealers. The amendment strikes Section 192 -24 of the City of Beverly's Code of Ordinances prohibiting "Junk and Second Hand Dealers" from dealing in new goods. Currently, Section 192 -24 prohibits anyone who gets a Junk and Second Hand Dealers license from purchasing, bartering, selling or offering for sale any new or unused or unworn item or material. This prohibition unreasonably restricts all retailers from expanding the goods and services they offer to consumers. This ordinance will support our business community by providing an environment that allows them to grow and flourish. The economy and the changing needs and desires of the consumer require business owners to regularly reassess market demands and make adjustments accordingly. Section 192 -24 unnecessarily restricts their ability to make such adjustments. The ordinance change proposed will allow secondhand stores to sell new items, and will also allow businesses that deal in new goods to obtain Junk and Second Hand Dealers licenses to sell used items. Feel free to contact Aaron Clausen, Director of Planning and Development, if you have any additional questions at 978 - 605 -2341. Sincerely yours, Michael P. Cahill Mayor In the year two thousand sixteen An ordinance amending an ordinance entitled Chapter 192- Licenses and Business Regulations, Article V: Junk and Secondhand Dealers Be it ordained by the City Council of the City of Beverly as follows: By amending Chapter 192- Licenses and Business Regulations, Article V: Junk and Secondhand Dealers as follows: By repealing Section 192 -24 Dealing in New Materials Prohibited. Referred to Legal Affairs #213 September 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 community partner, Beverly Heritage Project, has received an Essex Heritage Partnership Grant from the Essex National Heritage Commission in the amount of $2,000. The City of Beverly will disperse this grant to Beverly Heritage Project to help fund restoration of the city -owned Beverly Powder House. This grant requires a 1:1 cash match of $2,000, which will be the responsibility of the Beverly Heritage Project. 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 142 approve this grant by taking action on this matter at your upcoming meeting of the City Council on September 19th, 2016. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro Communications from other City Officers & Boards: #196A Communication - Chief of Police re: Promotions Received and Placed on File — Vote: 9 -0 #214 Communication - Councilor Latter re: Reappointment — Barbara King as Ward 3 Representative to OSRC Approved on the Floor — Vote: 9 -0 #215 Communication — City Clerk re: Roving Archivist Grant Award Received and Placed on File — Vote: 9 -0 Communications, Applications & Petitions: #216 Petition — National Grid re: Foster Street (Set a Public Hearing for Monday, 3 October 2016 @ 7:15 PM) Referred to Public Services to Set a Public Heari #217 Application for 2n Hand Junk Dealers License — Coast to Coast Paddle Referred to Legal Affairs 143 #218 Correspondence — Tyler Crosby re: Eagle Scout Project — Trail clean -up @ Norwood Pond Received and Placed on File — Vote: 9 -0 #219 Application for Permit — Sidewalk Dining Program — Tartine, LLC, 192 Cabot Street Referred to Finance & Property #220 Application — Class II MV License — C J Motors Inc., 360 Rantoul Street Referred to Legal Affairs 2 nd Reading & Final Passage: #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: 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 Publication and Final Passage. First Reading: Tuesday, 6 September 2016 Advertised in the Salem News on 10 September 2016 Second Reading: Monday, 19 September 2016 Final Passage: Monday, 19 September 2016 Order read once and adopted — Vote: 9 -0 144 . W11C 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: 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 Advertised in the Salem News on 10 September 2016 Second Reading: Monday, 19 September 2016 Final Passage: Monday, 19 September 2016 Order read once and adopted — Vote: 9 -0 Public Hearings: 1. 7:45 PM - #204 - National Grid re: 102 Cherry Hill & Sam Fonzo Drive — Public Hearing held & Closed, Referred back to Public Services 2. 7:50 PM - #205 — National Grid re: 102 Cherry Hill Drivere: — Public Hearing held & Closed, Referred back to Public Services 3. 7:55 PM - #206 — National Grid re: 22R Lothrop Street & Quincy Park - Public Hearing held & Closed, Referred back to Public Services Reports of Committees: . The Committee on Public Services, to whom was referred the matter of Petition — National Grid re: 102 Cherry Hill & Sam Fonzo Drives, have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted. Vote: 9 -0. 145 #205 The Committee on Public Services, to whom was referred the matter of Petition — National Grid re: 102 Cherry Hill Drive, have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted. Vote: 9 -0. #206 The Committee on Public Services, to whom was referred the matter of Petition — National Grid re: 22R Lothrop Street, have considered said matter and beg leave to report as follows: Recommend the Petition be granted Order read once and adopted. Vote: 9 -0. #209 The Committee on Public Services, to whom was referred the matter of Communication — Mayor re: Appointment to Commission on Disabilities — Ms. Nancy Houghton, 20 Sohier Road, Apt. #707, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Appointment Order read once and adopted. Vote: 9 -0. #216 The Committee on Public Services, to whom was referred the matter of Petition — National Grid re: Foster 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, 3 October at 7:15 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA relative to a Petition from National Grid to install 1 JO Pole on Foster St beginning at a point approximately 425 feet Southwest of the centerline of the intersection of Foster St & Common Lane. National Grid to install 1 JO Pole across from P1661 in order to be used as a riser pole for 30 and 32 Foster St. Primary and Secondary will be extended to P1661 -1 from P1661. An Anchor will also be installed in the public Row for a dead end primary down guy. Order read once and adopted. Vote: 9 -0. #198 The Committee on Finance & Property, to whom was referred the matter of Communication — Councilor Silva re: City Council's Auditors have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted. Vote: 8 -1 (Councilor Silva opposed). 146 #213 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor re: Essex Heritage Matching Grant, 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. #219 The Committee on Finance & Property, to whom was referred the matter of Application for Permit — Sidewalk Dining Program — Tartine LLC, 192 Cabot Street, have considered said matter and beg leave to report as follows: Recommend the Application be Granted, pending the other Departments' Sign -offs Order read once and adopted. Vote: 9 -0. #197 The Committee on Finance & Property, to whom was referred the matter of Communication — Council President re: Amended Ordinance on Compensation for Elected Officials, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request as Amended Lengthy discussion ensued on this Measure, followed by these Amendments: 1. Councilor Silva offered an Amendment, seconded by Councilor Houseman, that the Mayor's Salary be increased by $5000 as follows: Fiscal Year 2018 $105,000 Fiscal Year 2019 $110,000 Fiscal Year 2020 $115,000 Fiscal Year 2021 $120,000 Amendment adopted. Vote: 6 -3 (Councilors Lang, Rand, St. Hilaire opposed). 2. Councilor Martin offered an Amendment, seconded by Councilor Houseman, that the School Committee Members salary be increased to be 'h of the salary of City Council Members, and that the School Committee President's salary be increased to be 'h of the salary of the City Council President. Amendment adopted. Vote: 9 -0. 3. Councilor Silva offered an Amendment to his previous Amendment on advice of the Assistant City Solicitor, seconded by Councilor Houseman, that the effective dates of the Mayor's salary increases be the beginning of the calendar years mentioned, rather than the beginning of the fiscal years mentioned. Amendment adopted. Vote: 6 -3 (Councilors Lang, Rand, St. Hilaire opposed). 4. Councilor Martin offered an Amendment, seconded by Councilor Silva, that the Council must review the annual salaries of the Mayor, City Council, and School Committee in January of each even - numbered year Amendment adopted. Vote: 9 -0. Resolutions: None Presentations, Awards and Memorials: None 147 Unfinished Business: None Motions and Orders: None Meeting Adjourned: 8:35 PM Attest: D. Wesley Slate, Jr. City Clerk In