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Minutes - Monday 5 December 2016Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 5 December 2016 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:05 PM Roll Call: John P. Frates Jr. (arrived @ 7:18 PM), 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 Lang The Council President asked for a Moment of Silence for William M. McPherson, Jr., Deputy Chief, BFD (retired) and afterward made comments on Chief McPherson's career and mentioned his appearance at the Veterans Park ceremony two years ago when he described his experiences in the U. S. Navy in the South Pacific during World War l/. Resolutions: None Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): None Presentations, Awards & Memorials: None Acceptance of Minutes of Previous Meetings: 1. Monday, 21 November 2016 - Regular Meeting - Vote to Accept: 8 -0 Communications from His Honor the Mayor: #271 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Timothy Creamer, 36 Appleton Avenue, Beverly to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Creamer's application, which has been approved by Police Chief John LeLacheur. Mr. Creamer's term will be effective until November 30, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs ., #272 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Rene Arroyo, 163 Essex Street, Beverly to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Arroyo's application, which has been approved by Police Chief John LeLacheur. Mr. Arroyo's term will be effective until November 30, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #273 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Ms. Debra M. Ruehrwein, 32 Pine Street, Wakefield to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Ms. Ruehrwein's application, which has been approved by Police Chief John LeLacheur. Ms. Ruehrwein's term will be effective until November 30, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs 185 #274 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation the following citizens to serve on the Parks and Recreation Commission: Jan J. Jeffgood 5 Sunnyvale Street Henry R. Pizzo, III 4 Sunnyvale Street Their terms are to be effective until December 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services Public Hearings: 1. 7:10 PM - #261 — Public Hearing re: National Grid #21162817 — Bridle Path Lane & Hart Street - Public Hearing held and closed, referred back to Public Services 2. 7:15 PM - #249 — Public Hearing re: Communication — Chair, Board of Assessors — Allocation of FY2017 Tax Levy Percentages - Public Hearing held and closed, referred back to Finance & Property 3. 7:30 PM - #211 — Joint Public Hearing with City Council & Special Meeting of Planning Board re: Folly Hill property — Recessed to Monday, 6 February 2017 @ 7:30 PM — Vote: 9 -0. Communications from His Honor the Mayor (continued): #275 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Ms. Susan Higgins, 17 Crosby Avenue, Beverly to serve on the Board of Health. we Her term is to be effective until December 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #276 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation the following citizens to serve on the Design Review Board: Joel Margolis, 1 Worthington Green — Board of Appeals representative Sandra Cook, 23 Broadway Their terms are to be effective until December 1, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #277 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. Paul Earl, 6 Quincy Park, Beverly to serve on the Beverly Harbor Management Authority. His term is to be effective until December 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services 187 #278 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation the following citizens to serve on the Planning Board: Ellen Hutchinson 4 Concord Terrace John Thomson 9 Thoreau Circle Edwin (Ned) Barrett, III 4 Noble Hill Road Their terms are to be effective until December 31, 2019. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #279 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation the following citizens to serve on as Trustees of the David S. Lynch Fund: Mark L. Flagg 36 Hale Street Joyce Frisello 62 Hathaway Street Kathy Doane 83 Bisson Street Beverly Friendly Garden Club representative Mr. Flagg and Ms. Frisello's terms are to be effective until September 30, 2019. Ms. Doane's appointment is effective until September 30, 2017. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro .. #280 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached for your review and consideration is an order amending an ordinance entitled Veterans' Memorial Advisory Committee and enacting an ordinance establishing the position of Veterans' Graves Officer. Sincerely yours, Michael P. Cahill Mayor In the year two thousand and sixteen An order amending an ordinance entitled Veterans' Memorial Advisory Committee and enacting an ordinance establishing the position of Veterans' Graves Officer Be it ordained by the City Council of the City of Beverly as follows: By deleting § 15 -48 of Article II of Chapter 15 of the 2016 revised Ordinances of the City of Beverly entitled "Veterans' Memorial Advisory Committee" in its entirety: and by replacing it with the following new Section 15 -48: " §15 -48 Veterans Advisory Committee (a) Establishment, Composition There is hereby established a Veterans Advisory Committee. This Committee shall consist of thirteen (13) total members serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council for a term of 3 years. Initial appointments of members shall be for staggered terms. At least a majority of the total members shall at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to §58 -45 shall also serve as a Member of the Committee. Members may be removed in accordance with the provisions of the City Charter. Notwithstanding § 15 -8, the Mayor may appoint, subject to confirmation by a two thirds vote of the City Council, members who are not residents of the City of Beverly. (b) Authority and responsibilities MThe Veterans Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the citizens of Beverly relative to any and all matters concerning military veterans. 24A majority of the appointed members presently named and serving on the Committee shall constitute a quorum. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any recommendation. (4 The Committee shall at its first meeting vote to elect a Chair, Vice Chair and Secretary of the Committee. The Committee shall adopt rules and regulations for keeping accurate minutes of its meetings. 4�The Committee's functions shall include, but are not limited to, the following: .. The Committee shall serve as a resource to the City of Beverly and the public. The Committee may provide education and support to help raise awareness on Veteran related matters. The Committee shall provide the public with contacts to agents of federal, state and local agencies that provide services to veterans and their families. Cc) - The Committee shall assist The City of Beverly's Director of Veterans' Services in coordinating annual and ad hoc veteran related community events, such as parades, remembrances or other such events. The Committee shall provide continuing oversight of the condition of each of the several veterans memorials of the City and shall from time to time, not less frequently than annually, file a report to the Director of Veteran Services with recommendations as to any needed repairs, upkeep, maintenance and improvements to such memorials as in its judgment may be necessary or advisable. Whenever the Committee believes an expenditure of funds in excess of ordinary maintenance is required to be made, it shall submit its report containing such recommendation in time to be considered as part of the capital improvement plan." Be it further ordained by the City Council of the City of Beverly as follows: By adding the following new Section §58 -45 to Article IV of Chapter 58 entitled Veterans' Graves Officer: 58 -45 Veterans' Graves Officer The mayor shall appoint a resident of Beverly who shall be a veteran as defined in clause Forty -third of section seven of chapter four of the Massachusetts General Laws, as a Veterans' Graves Officer, for a term to be determined by the Mayor but shall not exceed five years. It shall be the duty of such veterans' graves officer to cause every veteran's grave within Beverly to be suitably kept and cared for. Such care shall include the clearing of weeds and other unseemly growth from said graves; the repairing, replacement and general up -keep of fences around said graves; the raising and repairing of sunken grave stones and markers and other similar services that may be necessary to restore and maintain such graves and their surroundings in an orderly condition. If the cost of such care and maintenance is not paid by private persons, or by the trustees of the cemeteries where any such grave is situated, it shall be paid by the City." City Ordinance References: §15-48 State Law References M.G.L. c. 115 § 9; M.G.L. c. 4 §7 cl. 43. Referred to Legal Affairs #281 December 5, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. William Mahoney, 10 Beverly Hills Avenue, Beverly to serve on the Beverly Airport Commission: His term is to be effective until December 31, 2019. 190 Sincerely yours, Michael P. Cahill Mayor Referred to Public Services Council President entertained a Motion to accept a Late File from His Honor the Mayor - Approved — Vote: 9 -0 #290 December 2, 2016 The Honorable City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Re: Beverly City Clerk's Office and Registrar of Voters Dear Honorable Council: I respectfully submit the attached resolution for the Council's consideration recognizing the outstanding work done by our City Clerk's Office and Registrars of Voters during the early voting that was conducted as part of the 2016 election. Sincerely yours, Michael P. Cahill Mayor RESOLUTION Beverly City Clerk's Office and Registrar of Voters WHEREAS: For the first time ever, in the 2016 election Massachusetts voters were able to cast their ballots before Election Day; and WHEREAS: The City Clerk's Office was open for early voting beginning October 24, 2016 and ending November 4, 2016, including late and Saturday hours; and WHEREAS: The City Clerk's office and the Registrars of Voters ensured that there were more than adequate staff and election workers to effectuate a smooth electoral process; and WHEREAS: 6705 Beverly voters made use of the early voting; and WHEREAS: The City of Beverly has received accolades and commendations for its early voting; NOW THEREFORE BE IT RESOLVED: that the Mayor and the City Council of the City of Beverly hereby commend the Beverly City Clerk's Office, the Registrars of Voters and the election workers who assisted in the early voting, for their diligence, professionalism, and excellence in providng the 191 citizens of Beverly with this early voting opportunity for the first time, and that the City Clerk spread a copy of this Resolution upon the City records. Order read once and adopted — Vote: 9 -0 Communications from other City Officers & Boards: #247 Communication — Search Committee — Council's Budget / Management Analyst & Recommendation Received and Placed on File — Vote: 9 -0 #282 Communication — City Clerk — 2017 Lodging House Licenses Referred to Legal Affairs #283 Communication — City Clerk — 2017 Amusement Device Licenses Referred to Legal Affairs #284 Communication — City Clerk — 2017 1 2n & 3 d Class Motor Vehicle Dealers Licenses Referred to Legal Affairs #285 Communication — City Clerk — 2017 Taxi and /or Livery Licenses Referred to Legal Affairs and the BPD Traffic / Safely Sergeant Communications, Applications & Petitions: #286 Communication — PERAC to the Beverly Retirement Board — Appropriation for Fiscal Year 2018 Received and Placed on File — Vote: 9 -0 192 #287 Communication — MA -DEP re: Issuance of Chapter 91 Waterways License No. 14258, Beverly Harbor, Beverly, Essex County Received and Placed on File & Referred to the Harbor Management Authoritv — Vote: 9 -0 #288 Communication — MA -DEP Waterways Regulation Program — Notice of License Application pursuant to MGL CH.91 #W16 -4816, Paul Earl residence, 6 Quincy Park Received and Placed on File — Vote: 9 -0 Communication — Communication — Atty. Thomas J. Alexander, Alexander & Femino — Open Space Conveyance and Right -of -Way Modification — Standley Street Gardens & Emily Way (paper street) Referred to Leizal Affairs Council President entertained a Motion to accept a Late File — Approved - Vote: 9 -0 #291 Commmunication — MassDevelopment — Bridgewell, Inc. project (5 Wayland DR & 17 Wedgemere RD) — Notice of Public Hearing on Tuesday, 6 December 2016 @ 11:00 AM, 99 High ST, F -11 /Boston Received and Placed on File — Vote: 9 -0 Final Passage #197A 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 69: "Personnel" That Article II; "Classification and Pay Plan" be amended by adding the following section §69.12 "Unclassified Salaries" The compensation of the officer(s) mentioned in this section shall be at the following rates per annum, except as otherwise provided, payable in equal weekly payments: Mayor: January 1, 2018 $105,000.00 January 1, 2019 $110,000.00 January 1, 2020 $115,000.00 193 January 1, 2021 $120,000.00 School Committee: School Committee Members: 'h of annual salary of City Council Members School Committee President: 'h of annual salary of City Council President Biannual Review: The annual salaries of the Mayor, City Council, and School Committee shall be reviewed by the City Council in each even - numbered year. This Ordinance to take effect as per Charter provisions Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: 6 September 2016 Second Reading: 7 November 2016. Final Passage: 21 November 2016 Order read once & adopted — Vote: 9 -0 #248 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. First Reading: Monday, 7 November 2016 Second Reading: Monday, 21 November 2016 Final Passage: Monday, 5 December 2016 Order read once & adopted — Vote: 9 -0 #250 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, 194 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. First Reading: Monday, 7 November 2016 Second Reading: Monday, 21 November 2016 Final Passage: Monday, 5 December 2016 Order read once & adopted — Vote: 9 -0 Reports of Committees: #249 The Committee on Finance & Property, to whom was referred the matter of Communication - Chair, Board of Assessors — Allocation of FY2017 Tax Levy Percentages, 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 St.Hilaire Against #263 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Reappointment of Bryant Ayles — Director of Municipal Finance / Treasurer, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted. Vote: 9 -0 #262 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment of Aaron Clausen — Director of Planning & Development, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted. Vote: 9 -0 #264 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — Stephanie Williams — City Solicitor, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment Order read once and adopted. Vote: 9 - 0 195 #283 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — 2017 Amusement Device Licenses, have considered said matter and beg leave to report as follows: Recommend the Licenses be granted, pending completion of all the necessary paperwork required for licensing Order read once and adopted. Vote: 9 -0 #285 The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — 2017 Taxi and /or Livery Licenses, have considered said matter and beg leave to report as follows: Recommend the Licenses be granted, pending completion of all the necessary paperwork required for licensing, and approval of the BPD Traffic /Safety Sergeant Order read once and adopted. Vote: 9 -0 #289 The Committee on Legal Affairs, to whom was referred the matter of Communication — Atty. Thomas J. Alexander, Alexander & Femino — Open Space Conveyance and Right -of -Way Modification — Standley Street Gardens & Emily Way (paper street), have considered said matter and beg leave to report as follows: Recommend the Council Approve the Right -of -Way Modification only; the Open Space Conveyance will be Held in Committee as Order #2016 -289A for further consideration Order read once and adopted. Vote: 9 -0 #261 The Committee on Public Services to whom was referred to matter of Petition — National Grid — Plan #21162817, Bridle Path Lane & Hart Street 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 #265 The Committee on Public Services to whom was referred to matter of Communication — Mayor — Reappointments — Karen Bloodgood & Debra Margolis — Commission on Disabilities, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Reappointments Order read once and adopted. Vote: 9 -0 Unfinished Business: None Motions and Orders: None Meeting Adjourned: 8:33 PM Attest: D. Wesley Slate, Jr. City Clerk 196