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Minutes - Monday 3 October 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 3 October 2016 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:03 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 (arrived @ 7:22 PM), Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Council Vice President Houseman Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): None Acceptance of Minutes of Previous Meetings: 1. Monday, 19 September 2016 — Regular Meeting - Vote to Accept: 8 -0 Communications from His Honor the Mayor: #221 October 3, 2016 The Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 RE: Proposed ground leases Dear Honorable Council: At the request of Planning Director, Aaron Clausen, I respectfully submit the attached request to authorize two ground leases at the Beverly Regional Airport. Please feel free to contact Aaron or Bob Mezzetti, Beverly Airport Manager, directly to answer any questions you might have relative to the request. Sincerely yours, Michael P. Cahill Mayor Attachments cc: Aaron Clausen, Planning Director Bryant Ayles, Finance Director Stephanie Williams, City Solicitor Kevin Harutunian, Chief of Staff Robert Mezzetti, Airport Manager Referred to Finance & Property 149 Communications from other City Officers & Boards: #222 Communication — BPD Traffic Sgt. re: Amended Ordinance — 1 -Hour Parking @ 491 Rantoul Street Referred to Legal Affairs #223 Communication — City Clerk re: Warrant for State Election — Tuesday, 8 November 2016 roved on the Floor — Vote: 8 -0 #224 Communication — CPC re: 3 d round CPA Funding Recommendations (Set Public Hearing- 10/17/2016 @ 7:30 PM) Referred to Finance & Pro #225 Communication — City Clerk re: Amended Ordinance — Removal of 2 Handicapped Signs Referred to Legal Affairs Communications, Applications & Petitions: #215A Communication — Archivist of the Commonwealth re: Category 1 Roving Archivist Grant Received and Placed on File — Vote: 8 -0 #226 Communication — MA -DEP re: 140 Brimbal Avenue FINAL DECISION Received and Placed on File — Vote: 8 -0 150 #227 Communication — MA -DEP re: Waterways License Application No. W16 -4646, Beverly Harbor /Danvers River, Beverly / Essex County Received and Placed on File — Vote: 8 -0 #228 Communication — MA -State Lottery Commission re: KENO Monitor @ 7- Eleven, 246 Elliott Street Received and Placed on File — Vote: 8 -0 #229 Application for License to Sell Christmas Trees — John X. DiVincenzo, 294 Elliott Street Referred to Legal Affairs #230 Request for Waiver of Alcohol in Public Buildings Ordinance for Artist's Reception @ Beverly Farms Library — Marcia Seward, 89 Preston Place, Beverly Farms on Thursday, 8 December 2016 Referred to Legal Affairs #231 Request for Waiver of Alcohol in Public Buildings Ordinance for Artist's Reception @ Beverly Farms Library — Gail Gang, 46 Norwood Avenue, Manchester BTS on Thursday, 3 November 2016 Referred to Legal Affairs Public Hearings: 1. 7:15 PM - #216 - National Grid re: Foster Street — Public Hearing held & Closed, Referred back to Public Services 2. 7:30 PM - #211 — Joint Public Hearing with the Planning Board re: Zoning Amendment to Ch.300 -38 - Public Hearing held & recessed to Monday, 7 November 2016 @ 7:30 PM 2 nd Reading & Final Passage: None 151 Reports of Committees: #221 The Committee on Finance & Property, to whom was referred the matter of Communications - Mayor & Planning Director re: Authorization - 2 Ground Leases @ 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: 8 -1 (Councilor Silva opposed). #224 The Committee on Finance & Property, to whom was referred the matter of Communication - CPC re: 3r Round CPA Project Recommendations, 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, 17 October 2016 at 7:30 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA, relative to a Communication from the Community Preservation Committee concerning their Third Round Community Preservation Act Project Funding Recommendations. Order read once and adopted. Vote: 9 -0. #212 The Committee on Legal Affairs, to whom was referred the matter of Communication - Mayor re: Amended Ordinance - 2 nd Hand Junk Dealer, 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 entitled Chapter 192 - Licenses and Business Regulations, Article V: Junk and Second hand Dealers. By amending Chapter 192 - Licenses and Business Regulations, Article V: Junk and Secondhand Dealers by deleting the existing language in Section 192 -24 regarding "Dealing in new material prohibited" and replacing it as follows: Section 192 -24 Any person engaged in a business under such license that also offers for sale or rent new goods shall label, place, or designate goods so that new goods are clearly distinguishable from used or secondhand goods. Ordinance to take effect upon Publication and Final Passage. First Reading: Monday, 3 October 2016 Second Reading: Monday, 17 October 2016 Final Passage: Monday, 17 October 2016 Order read once and adopted — Vote: 9 -0 152 #222 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /Safety Sergeant (Amended Ordinance) re: 1 -Hour Parking sign @ 491 Rantoul 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 -47 "One -Hour Parking ", Amending Section 270 -47 as follows: ADD: D. Rantoul Street East In front of the business at 491 Rantoul Street, 20 feet North of Lenox Street by Rantoul Street Ordinance to take effect upon Publication and Final Passage. First Reading: Monday, 3 October 2016 Advertise and hold for Final Passage Second Reading: Monday, 17 October 2016 Final Passage: Monday, 17 October 2016 Order read once and adopted — Vote: 9 -0 #225 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk re: Removal of 2 Handicapped Signs, 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: DELETE: Grant Street At approximately 19 Grant Street Wellman Street At approximately 19 Wellman Street Ordinance to take effect upon Publication and Final Passage. First Reading: Monday, 3 October 2016 Advertise and hold for Final Passage Second Reading: Monday, 17 October 2016 Final Passage: Monday, 17 October 2016 Order read once and adopted — Vote: 9 -0 153 #229 The Committee on Legal Affairs, to whom was referred the matter of application for License to Sell Christmas Trees — John X. DiVincenzo, 294 Elliott 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. #230 The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Alcohol in Public Buildings Ordinance for Artist's Reception @ Beverly Farms Library — Marcia Seward, 89 Preston Place / Beverly Farms on Thursday, 8 December 2016, have considered said matter and beg leave to report as follows: Recommend the Application be granted Order read once and adopted. Vote: 9 -0. #231 The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Alcohol in Public Buildings Ordinance for Artist's Reception @ Beverly Farms Library — Gail Gang, 46 Norwood Avenue / Manchester -by- the -Sea, MA on Thursday, 3 November 2016, have considered said matter and beg leave to report as follows: Recommend the Application be granted 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: Recommend the Petition be granted Order read once and adopted. Vote: 9 -0. Resolutions: None Presentations, Awards and Memorials: None Unfinished Business: None Motions and Orders: None Meeting Adjourned: 8:56 PM Attest: D. Wesley Slate, Jr. City Clerk 154