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Minutes - Monday 21 November 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 21 November 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, Jason C. Silva (arrived @ 7:05 PM), Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Latter Resolutions: None Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): None Presentations, Awards & Memorials: 1. #266 — Charlie Mann, Chair — Open Space & Recreation Committee Vote to Receive and Place on File: 9 -0 Public Hearings: 1. 7:15 PM - #261 — Public Hearing re: National Grid #21162817 — Bridle Path Lane & Hart Street - National Grid Representative claimed no knowledge of this, Council President Recessed Public Hearing to Monday, 5 December 2016 @ 7:10 PM) — Approved: 9 -0 2. 7:20 PM - #259 — Public Hearing re: National Grid #20880054 — Rantoul & Lenox Street - Public Hearing held and closed, referred back to Public Services Acceptance of Minutes of Previous Meetings: 1. Monday, 7 November 2016 — Regular Meeting - Vote to Accept: 9 -0 Communications from His Honor the Mayor: #262 November 21, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City Charter, Aaron Clausen to serve as Beverly's Director of Planning and Development for a period of three years. His term is to be effective from January 21, 2017 until January 21, 2020. 177 Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs. #263 November 21, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City Charter, Bryant Ayles to serve as Beverly's Director of Municipal Finance /Treasurer for a period of three years. His term is to be effective from January 21, 2017 until January 21, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #264 November 21, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the Beverly City Charter, Stephanie Williams to serve as Beverly's City Solicitor for a period of three years. Her term is to be effective from January 21, 2017 until January 21, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #265 178 November 21, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Ms. Karen Bloodgood, 116 Lothrop Street, Beverly and Ms. Debra Margolis, 1 Worthington Green, Beverly to serve on the Commission on Disabilities. Their terms are to be effective until November 1, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services Communications from other City Officers & Boards: #219A Economic Development Planner — Tartine Restaurant, 192 Cabot Street Received and Placed on File — Vote: 9 -0. Council President entertained a Motion to accept a Late File from Councilor Frates —Vote: 9 -0 #270 Communication — Councilor Frates request for a Stop Sign, amended to across from 17 Landers Drive Referred to Legal Affairs, the Parking & Traffic Commission, and the BPD Traffic/Safe , Sergeant Communications, Applications & Petitions: #258A MA Election Modernization Coalition — Silver Medal "for providing substantial Early Voting opportunities to its citizens" — presented by State Representative Jerry Parisella Received and Placed on File — Vote: 9 -0 #267 Application — License to Peddle — Cut Flowers — John Bediz (1 -day License) 179 Referred to Legal Affairs #268 Application — 2n Hand Junk Dealers License — Sarah Byrne dba Just Kidding Referred to Legal Affairs #122A Communication — Leah Sak, 611 Essex Street to Council, City Clerk/Assistant City Clerk & cc: Mayor Cahill Received and Placed on File — Vote: 9 -0. #269 Application — 2n Hand Junk Dealers License — Handwired Rescue Referred to Legal Affairs Council President entertained a Motion to accept a Late File — Vote: 9 -0 #123C H4586 Chapter 310 — Additional Liquor Licenses Received and Placed on File — Vote: 9 -0. 2 nd Reading: #250 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 192 -46 "Hawkers & Peddlers" Add to A: (2) A fee of $100 is required upon application. (3) A licensee under this section may apply to add up to 4 additional persons to be licensed as part of his /her license for no additional fee. Each additional person applied for under this license shall be required to receive the Chief of Police's recommendation, but shall not need to be reviewed by the City Council. If a licensee seeks to add more than 4 additional persons to his /her license, an additional fee of $100 is required upon application and such request shall go before the City Council. The licensee shall be held responsible for all actions of any additional persons licensed. 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. :1 First Reading: Monday, 7 November 2016 Second Reading: Monday, 21 November 2016 Final Passage: Monday, 5 December 2016 Order read once & adopted, pending Publication & Final Passage —Vote: 9 -0 Public Hearings (continued)- 3. 7:25 PM - #260 — Public Hearing re: National Grid #22443025 — Lovett @ Ives & Ocean Streets - National Grid Representative informed Clerk of Committees that this plan was cancelled — Received and Place on File: 9 -0. 4. 7:30 PM - #241 — Preparation for annual Tax Recapitulation ( "Tax Recap ") Process including Budgetary Transfers - Public Hearing held and closed, referred back to Finance & Property Reports of Committees: #195 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Request for Creation of OPEB Trust Fund, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request as Amended by Councilor Silva in Committee to designate the Beverly Retirement Board as the Trustee of the OPEB Trust Fund. Order read once and adopted. Vote: 9 - 0. #241 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor in Preparation for the Tax Recapitulation ( "Tax Recap ") Process, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request, including the Budgetary Transfers Order read once and adopted. Vote: 9 - 0. #242 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Authorization to sign a Subordination Agreement for Harborlight Community Partners @ 8 -10 Dodge Street, 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. 181 #246 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment of Brian Dapice, 29 Dartmouth Street as Constable in the City of Beverly, 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. #248 — 2 nd Reading: 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 315 -15 "Inclusionary Housing Regulations" Appendix E — Fee in Lieu of Affordable Housing Unit Table 1 — Fee in Lieu of Affordable Housing Units Fiscal Year 2017 UPDATE OF INCLUSIONARY HOUSING "SUBMISSION REQUIREMENTS, PROCEDURES & SUPPLEMENTAL REGULATIONS" unanimously voted to update Appendix E of the above - referenced document. This vote was taken pursuant to Section 315 -15 entitled "Fee in Lieu of Units" which requires that the Planning Board update the fee schedule. 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, 7 November 2016 Second Reading: Monday, 21 November 2016 Final Passage: Monday, 5 December 2016 Order read once & adopted, pending Publication & Final Passage —Vote: 9 -0 #267 The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle (1 -day) — Cut Flowers — John Bediz, 34 Rocky Hill Road / Essex, have considered said matter and beg leave to report as follows: Recommend the License be Granted Order read once and adopted. Vote: 8 -1, Councilor Guanci Against. #268 182 The Committee on Legal Affairs, to whom was referred the matter of 2 nd -Hand Junk Dealers License — d /b /a Just Kidding, 108 Bridge Street, have considered said matter and beg leave to report as follows: Recommend the License be Granted Order read once and adopted. Vote: 8 -0 -1, Councilor Frates recused himself from the vote as he is the owner of the subject property. #269 The Committee on Legal Affairs, to whom was referred the matter of 2 nd -Hand Junk Dealers License — Handwired Rescue — Robert Murray, 1 Blais Farm RD / Middleton, have considered said matter and beg leave to report as follows: Recommend the License be Granted Order read once and adopted. Vote: 9 -0. #259 The Committee on Public Services to whom was referred to matter of Petition — National Grid — Plan #20880054 — 482 Rantoul Street to Lenox Street Pole #3646, have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted. Vote: 9 -0. Unfinished Business: None Motions and Orders: None Meeting Adjourned: 8:21 PM Attest: D. Wesley Slate, Jr. City Clerk 183