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Minutes - Monday 20 March 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 20 March 2017 @ 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 (arrived @ 7:06 PM), Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Lang Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): Anyone who would like to speak at the Meeting has until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of 3 @ 5 minutes each). 1. Myron Hood, 7 Auburn Road Resolutions: None Presentations, Awards & Memorials: 1. #332 — Powers & Sullivan — FY2016 Audit Received and Placed on File — Vote: 9 -0 Public Hearings: 1. 7:30 PM - #335 — Beverly Regional Airport Avigation Rights — Public Hearing held and closed, referred back to Finance & Property Acceptance of Minutes of Previous Meeting: 1. Monday, 6 March 2017 - Regular Meeting 2. Tuesday, 7 March 2017 — Special Meeting Vote to ADDrove: 9 -0 Communications from His Honor the Mayor: #351 March 20, 2017 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 Planning Department, has received a Planning Assistance Toward Housing (PATH) Grant from the Massachusetts Department of Housing and Community Development in the amount of $24,760. With your approval, this grant will be used to create a proposed Chapter 40R Smart Growth Overlay District for the City Council's consideration once completed. 260 Massachusetts General Law Chapter 44 Section 53Arequires 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 approve this grant by taking action on this matter at your upcoming meeting of the City Council on March 20th, 2017. Please feel free to contact Aaron Clausen directly at 978 - 605 -2341 to discuss specific details regarding the grant program and the planning process it supports. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #352 March 20, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I am pleased to inform you that the City of Beverly has received a Seaport Economic Council Program Grant from the Massachusetts Executive Office of Housing and Economic Development in the amount of $400,000. With your approval, this grant will fund the replacement of the existing anchor system for the recreational docks located at Glover Wharf with guided piles. The project will address important safety and equipment concerns for boaters and staff, and will reduce long -term costs with maintaining the dock system. This project will increase Glover Wharf's commercial and recreational viability, and advance the City's ongoing efforts to protect the wharf and the waterfront. Massachusetts General Law Chapter 44 Section 53Arequires 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 approve this grant by taking action on this matter at your upcoming meeting of the City Council on March 20th, 2017. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #353 March 20, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 261 I am pleased to inform you that the City of Beverly has received a Seaport Economic Council Program Planning Grant from the Massachusetts Executive Office of Housing and Economic Development in the amount of $80,000. With your approval, this grant will fund the creation of a Municipal Harbor Plan. Planning efforts will define commercial and recreational activity for Beverly's waterfront, with the goal of strengthening the local economy. The Municipal Harbor Plan will catalogue existing and potential uses of the waterfront, consider actions to enhance waterside activities, identify solutions for transportation issues, examine how to link the waterfront to Beverly's downtown, and recommend policies to strengthen the existing character and beauty of the area. Massachusetts General Law Chapter 44 Section 53Arequires 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 approve this grant by taking action on this matter at your upcoming meeting of the City Council on March 20th, 2017. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #354 March 20, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. John J. Ruehrwein to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Ruehrwein's application, which has been approved by Police Chief John LeLacheur. Mr. Ruehrwein's term will be effective from April 30, 2017 until April 30, 2020. Sincerely yours, Michael P. Cahill Mayor MPC /mal Attachment Referred to Legal Affairs 262 #355 March 20, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Mr. William Finch, 50 Front Street, Beverly and Mr. James Younger, 32 Butman Street, Beverly to serve on the Beverly Historic District Commission. Their terms to be effective from April 1, 2017 to April 1, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs Communications from other City Officers & Boards: Council President entertained a Motion to accept a Late File from the Council President — Approved — Vote: 9 -0 LATE FILE - #361 Communication — Council President — Appointment — Parking & Traffic Commission — John Lozada, 212 Brimbal Avenue Referred to Legal Affairs Communications, Applications & Petitions: Council President entertained a Motion to accept 4 Late Files under this heading — Approved — Vote: 9 -0 #356 Communication — MA -DEP Waterways License Application EW16 -4895 — Stephen Longmuir, 3 Crescent CT Received and Placed on File — Vote: 9 -0 263 #357 Communication — MA State Lottery Commission — KENO License — Franco - American Club, 44 Park Street Received and Placed on File — Vote: 9 -0 #358 Waiver of Alcohol Ordinance — BPL — 12 April 2017 — Martin Lian — 24 Grover ST Referred to Legal Affairs #359 Communication —ADA North Shore Tour de Cure — Sunday, 21 May 2017 Received and Placed on File — Vote: 9 -0. #360 Communication — Neurofibromatosis Northeast Coast to the Cure — Sunday, 9 September 2017 Received and Placed on File — Vote: 9 -0. LATE FILE - #362 Communication — MA -DEP — Waterways License #14344 — Paul Earl, 6 Quincy Park Received and Placed on File — Vote: 9 -0. LATE FILE - #363 Communication — MA -DEP — Waterways License #14343, Patricia Brandes, 11 Quincy Park Received and Placed on File — Vote: 9 -0. 264 LATE FILE - #364 Communication — MA -DEP — Waterways License #14232, Beverly Port Marina, Inc., 43 Water ST Received and Placed on File — Vote: 9 -0. LATE FILE - #365 Communication — MA -DEP — Waterways License Application #W17 -4909, Elizabeth Jones, 17 Riverview ST Received and Placed on File — Vote: 9 -0. Council President entertained a Motion to accept a Late File from Atty. Roy Gelineau —Approved —Vote: 9 -0 LATE FILE - #366 Communication — Gelineau & Kline — 127 Bridge ST Encroachment / Request of Permanent Easement or Irrevocable License Referred to Legal Affairs Motions and Orders (2 Reading): #346 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic / Safety Sergeant concerning a Handicapped Sign at 15 Parsons Drive, 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 seventeen 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: Parsons Drive At approximately 15 Parsons Drive First Reading: Monday, 6 March 2017 Second Reading: Monday, 20 March 2017 Advertise and hold for Final Passage Final Passage: Monday, 3 April 2017 Order read once and adopted — Vote: 9 -0 265 Motions and Orders (Final Passage): #211A The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning & Development Director re: Proposed Amendment to the City's zoning Ordinance #300 -38 Special Residential District ( "RSD "), have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final Passage: ORDERED: In the year two thousand seventeen Be it ordained by the City Council of the City of Beverly as follows: proposed Order No. 211 of 2016 be amended by substituting the zoning amendment proposed therein in its entirety with the following proposed zoning amendment: Chapter 300- Zoning, Article VII: District Regulations is amended as follows: 1. Amend Section 300 -38.13, Uses by right, by removing the following: (3) Multifamily dwelling or apartment house, subject to the requirements of Subsection H below. And; Amend Section 300 -38.C, Uses by special permit, by inserting the following: (11) Multifamily dwelling or apartment house, subject to the requirements of Subsection H below. 2. Amend Section 300 -38.D (1) by increasing the minimum lot area per dwelling unit from 3,600 square feet to 15,000 square feet. Section 300 -8.D (1), Building and area requirements will be amended to read as follows The lot on which the building or group of buildings is constructed shall have a minimum area of 15,000 square feet for each dwelling unit in the development. Maximum coverage by buildings (not including the landscaped exterior of underground garage space) shall not exceed 15% of the gross area of the lot or tract. Said lot or tract may have roads or ways constructed thereon, and the approval of said roads or ways by the Beverly Planning Board under the Subdivision Control Law (MGL Chapter 41) shall not be deemed to divide said lot or tract into two or more lots or tracts. Be it further ordained by the City Council of the City of Beverly that Chapter 300 be amended as proposed in this amended order. First Reading: 23 January 2017 Second Reading: 6 March 2017 Published in the Salem News on Friday, 10 March 2017 Final Passage: 20 March 2017 Order read once and adopted — Vote: 9 -0. #328 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Parking & Traffic Commission Ordinance Amendment, 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: In the year two thousand and seventeen Be it ordained by the City Council of the City of Beverly as follows: 266 By amending Article 11, Section 15 -42 entitled Parking and Traffic Commission of the revised Ordinances of the City of Beverly by deleting Paragraph A and adding the following new Paragraph A: "Composition. The Parking and Traffic Commission shall consist of nine members to be appointed as follows: the Chief of Police or his or her designee, the Chief of the Fire Department or his or her designee, the Planning Director or his or her designee, the Commissioner of Public Services and Engineering or his or her designee, a representative from the Beverly Chamber of Commerce, two residents appointed by the Mayor and two residents appointed by the City Council. The Mayoral and Council appointees shall include, if possible, a traffic engineer, transportation engineer /planner, or parking and traffic consultant. The terms of all members shall be for three years, so arranged that the representatives of the Police and Fire Departments shall expire in one year, the representatives of the Planning Department and the Beverly Chamber of Commerce shall expire in another year, and the representative of the Mayor's office and the citizens appointed by the City Council shall expire in a third year. Vacancies shall be filled by the appropriate entity for the balance of the then - unexpired term." First Reading: Tuesday, 21 February 2017 Second Reading: Monday, 6 March 2017 Published in the Salem News on Friday, 10 March 2017 Final Passage: Monday, 20 March 2017 Order read once and adopted — Vote: 8 -0. Reports of Committees: #315 The Committee on Finance & Property, to whom was referred the matter of Presentation — Beverly Waste Reduction Committee, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted — Vote: 9 -0. Council President added that there would be no Ad -Hoc Committee formed (as was originally proposed), but that there was agreement with the Mayor's Chief of Staff, Kevin Harutunian, that two Councilors would be involved in conversation about the Mayor's proposal (Councilor Lang and Council Vice President Houseman) along with two Members of the Beverly Waste Reduction Committee before the Mayor's recommendation came before the Council. #335 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Airport Avigation Rights, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Request Order read once and adopted — Vote: 8 -1, Councilor Lang Opposed. 267 #336 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Appointments — Trustees for the Affordable Housing Trust — Michael P. Cahill, Mayor, 191 Cabot Street; Bryant Ayles, Municipal Finance Director, 191 Cabot Street; Aaron Clausen, Planning Director, 191 Cabot Street; Susan Gabriel, 26 Dartmouth Street; and Richard Dinkin, 93 Bridge Street, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointments Order read once and adopted — Vote: 9 -0. #351 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- DHCD -PATH Grant $24,760 — Ch.40R Smart Growth Overlay District, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0. #352 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- EOH&ED Seaport Economic Council Program Grant $400K — Glover Wharf, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0. #353 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- EOH&ED Seaport Economic Council Program Planning Grant $80K — Municipal Harbor Plan, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0. #214A The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Latter — Appointment — OSRC W3 Representative — Barbara Koenig (correction), have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment correction Order read once and adopted — Vote: 9 -0. #334 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Amendment to an Ordinance Entitled Chapter #136 — "Child Safety Zones ", 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: In the year two thousand and seventeen Be it ordained by the City Council of the City of Beverly as follows: An Amendment to an ordinance entitled Chapter 136 — Child Safety Zones Be it ordained by the City Council of the City of Beverly as follows: By amending an ordinance entitled Chapter 136 — Child Safety Zones in the Code of Ordinances of the City of Beverly by deleting the current text in its entirety and replacing it with the following: Chapter 136. Child Safety Zones 136 -1. Definitions. For the purpose of this chapter, the following terms, phrases, words and derivations shall have the meanings given herein. When not inconsistent with the context, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory. CHILD SAFETY ZONE A park, playground, recreation center, library, school, day -care center, private youth center, video arcade, bathing beach, swimming pool or wading pool, gymnasium, sports field, or sports facility, including the parking area and land adjacent to any of the aforementioned facilities, camp bus stops when children under the age of 18 are present, and school bus stops during scheduled school transportation hours on school days, which is: a Under the jurisdiction of any department, agency, or authority of the City of Beverly, including but not limited to the School Department of the City of Beverly; or Leased or licensed by the City of Beverly to another person for the purpose of operating a park, playground, recreation center, bathing beach, swimming pool or wading pool, gymnasium, sports field, or sports facility. CHILD SEX OFFENDER 1. Any person required to register as a sex offender pursuant to MGL c. 6, §§ 178C to 178P, inclusive, and given a Level 2 or Level 3 designation by the Sex Offender Registry Board and whose victim was (or was believed by the offender to be )_a child under the age of 466 - 18. For the purposes Chapter 136, the term victim includes a child under the age of 18 who image or likeness is used in any crime listed in paragraph 2 of the definition of Child Sex Offender. 2. A erp son or—who has not yet been classified and who resides, has secondary addresses, works or attends an institution of higher learning in the commonwealth and who has been convicted of or who has been adjudicated as a youthful offender or as a delinquent juvenile, or a person released from incarceration or parole or probation supervision or custody with the Department of Youth Services for such a conviction or adjudication of the following offenses: indecent assault and battery on a child under 14 under MGL c. 265, § 13B; rape of a child under 16 with force under MGL c. 265, § 22A; rape and abuse of a child under MGL c. 265, § 23; assault of a child with intent to commit rape under MGL c. 265, § 24B; kidnapping of a child under the age of 16 under MGL c. 265, § 26; enticing a child under the age of 16 for the purposes of committing a crime under MGL c. 265, § 26C; indecent assault and battery on a mentally retarded person under MGL c. 265, § 13F; assault with intent to commit rape under MGL c. 265, § 24; inducing a minor into prostitution under MGL c. 272, § 4A; living off or sharing earnings of a minor prostitute under MGL c. 272, § 4B; disseminating to a minor matter harmful to a minor under MGL c. 272, § 28; posing or exhibiting a child in a state 269 of nudity under MGL c. 272, § 29A; dissemination of visual material of a child in a state of nudity or sexual conduct under MGL c. 272, § 2913; unnatural and lascivious acts with a child under 16 under MGL c. 272, § 35A; drugging persons for sexual intercourse under MGL c. 272, § 3; aggravated rape under MGL c. 277, § 39; knowing purchase or possession of visual material of child depicted in sexual conduct under MGL c. 272, §_ 29C; indecent assault and battery on a child under the age of 14 during commission of certain offenses or by mandated reporters under MGL c. 265, § 13B V2; indecent assault and battery on a child under the age of 14 by certain previously convicted offenders under MGL c. 265, § 13B %; indecent assault and battery on person fourteen or older (where the victim was between fourteen and eighteen years of age) under MGL c. 265, § 1311; rape of a child during commission of certain offenses or by use of force under MGL c. 265, § 2211; rape of a child through use of force by certain previously convicted offenders under MGL c. 265, § 22C; rape and abuse of child aggravated by age difference between defendant and victim or by when committed by mandated reporters under MGL c. 265, § 23A; rape and abuse of child by certain previously convicted offenders under MGL c. 265, § 2311; enticement of child under age 18 to engage in prostitution, human trafficking or commercial sexual activity under MGL c. 265, § 26D; trafficking of persons for sexual servitude; trafficking of persons under 18 years for sexual servitude under MGL c. 265, § 50; —and any attempt to commit a violation of any of the aforementioned sections pursuant to MGL c. 274, § 6, or a like violation of the laws of another state, the United States or a military, territorial or Indian tribal authority, and whose victim was a child under the age of 16. 3. _A person who has been adjudicated a sexually dangerous person under MGL c. 123A, § 14, as in force at the time of adjudication, or a person released from civil commitment pursuant to MGL c. 123A, § 9, and whose victim was (or was believed by the offender to be a child under the age of 168. 4. A person who resides in the Commonwealth of Massachusetts, has a secondary address, works at or attends an institution of higher learning in the commonwealth and has been convicted in any other state, in a federal or military court or in any foreign jurisdiction of any crime the essential elements of which are substantially the same as any of the crimes specified above in paragraph 2 of the definition of Child Sex Offender. Subsecti<)-n and which requires registration as a sexual offender in such other state or in the federal or military system, and who resides or works in this commonwealth and whose victim was (or was believed by the offender to bet -a child under the age of 186. § 136 -2. Prohibitions and exceptions. A. Prohibition. It shall be unlawful for a child sex offender to be present in any child safety zone. B. Exceptions. The provisions of this chapter shall not apply to: Any person whose name has been removed from the Massachusetts Sex Offender Registry or from the registry of any other state or in the federal or military system by act of a court or by expiration of the term such person is required to remain on such registry or reclassified as a Level 1 in Massachusetts or lowest offender category in another jurisdiction. Facilities in a child safety zone that also support a church, synagogue, mosque, temple or other house of religious worship, subject to all of the following conditions: (a)_ The child sex offender's entrance and presence upon the property occurs only during hours of worship or other religious program /service as posted to the public; and N_ The child sex offender shall not participate in any religious education programs that include individuals under the age of 18. 270 Property that also supports a use lawfully attended by a child sex offender's natural or adopted child(ren), which child's use reasonably requires the attendance of the child sex offender as the child's parent upon the property, subject to the following condition: (a)_ The child sex offender's entrance and presence upon the property occurs only during hours of activity related to the use as posted to the public. Property that also supports a polling location in a local, state or federal election, subject to all of the following conditions: (a)_ The child sex offender is eligible to vote; (b)_ The property is the designated polling place for the child sex offender; and (0_ The child sex offender enters the polling place property, proceeds to cast a ballot with whatever usual and customary assistance is available to any member of the electorate, and vacates the property immediately after voting. Property that also supports a school lawfully attended by a child sex offender as a student, under which circumstances the child sex offender may enter upon the property supporting the school at which the child sex offender is enrolled, for such purposes and at such times as are reasonably required for the educational purposes of the school. Property that also supports a court, government office or room for public governmental meetings, subject to all of the following conditions: (a)_ The child sex offender is on the property only to transact business at the government office or place of business, excluding a library, or attend an official meeting of a governmental body; and (b)_ The child sex offender leaves the property immediately upon completion of the business or meeting. & 136 -3. Notice. The Chief of Police or his designee shall make reasonable efforts to provide prompt, actual written notice of the enactment of this chapter (which notice shall contain a copy of this chapter) to all persons who are listed on the sex offender registry as of the effective date of this chapter and who were given a Level 2 or Level 3 designation, as well as those persons who are added to the sex offender registry at such levels thereafter, which persons' addresses (as shown on the sex offender registry) are within the City of Beverly. Such notice requirement may be satisfied by the mailing of such notice by registered or certified mail, return receipt requested, to the last known address of such person as listed on the sex offender registry or as otherwise known to the Chief of Police. The failure of any person to receive such actual written notice shall not be a defense to a violation of this chapter. � 136 -4. Enforcement procedures A. Upon reasonable belief of a police officer that a child sex offender is present in a child safety zone in violation of this chapter, the officer shall obtain from the suspected child sex offender his /her name, address, and telephone number. Should the police officer thereafter establish that the individual is a child sex offender as defined in this chapter, then the officer shall issue a written citation that such individual is in violation of this chapter and also require that the individual leave the child safety zone. An individual who refuses to leave or is later found to be in the same child safety zone shall be subject to the penalties set forth in § 136 -5 . 271 A map depicting and a written list describing the child safety zones shall be created by the Planning and Engineering Departments of the City and maintained by the Police Department, which map shall be reviewed annually for changes. Said map and list, as well as a copy of this chapter, shall be available to the public at the offices of the Beverly Police Department and Beverly City Clerk and at all public buildings and will also be posted on the City of Beverly's official website. In the event that the list, map or the words of this chapter shall conflict, then the words of this chapter shall control. § 136 -5. Violations and penalties. [Amended 1 -20 -2011 by Ord. No. 226] A. Any violation of this chapter may be subject to criminal penalties and prosecuted in a court of competent jurisdiction and shall result in a criminal fine of up to $150 for a first violation. Refusal to leave a child safety zone or being later found in the same child safety zone shall result in a criminal fine of up to $300. A second or any subsequent violation of this chapter shall be subject to a criminal fine of up to $300. A child sex offender commits a separate offense for each and every violation of this chapter. Except for persons who are not yet 47 18 years of age when they commit any such offense, violation of this chapter may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent or address a violation of this chapter, to include written notification to the parole and /or probation officer and the Commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal ordinance. B. As an alternative, any violation shall result in a noncriminal fine of $150 for a first violation. Refusal to leave a child safety zone or being later found in the same child safety zone shall result in a noncriminal fine of $300. A second or subsequent violation of this chapter shall be subject to a noncriminal fine of $300. A child sex offender commits a separate offense for each and every violation of this chapter. Except for persons who are not yet 47 18 years of age when they commit any such offense, any violation of this chapter may further constitute a violation of MGL c. 272, § 59, for which the violator is also subject to immediate arrest without warrant. The issuance of a citation shall not preclude the City from seeking or obtaining any or all other legal and equitable remedies to prevent or remove a violation of this chapter, to include written notification to the parole and /or probation officer and the Commonwealth's Sex Offender Registry Board that the child sex offender has violated a municipal ordinance. C. Injunction. If a child sex offender is present upon or within a safety zone in violation of this chapter, the City Solicitor may bring an action in the name of the City to enjoin future violations of this chapter by such violator. First Reading: Monday, 6 March 2017 Second Reading: Monday, 20 March 2017 Pending Publication and Final Passage Final Passage: Monday, 3 April 2017 Order read once and adopted — Vote: 9 -0 #338 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — Board of Registrars of Voters — Frances A. Macdonald, CMC, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Reappointment Order read once and adopted — Vote: 9 -0 272 #340 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment — Planning Board — Zane Craft, 5 Stone Street, 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 #344 The Committee on Legal Affairs, to whom was referred the matter of Communication — Council President — Reappointment — Parking & Traffic Commission — Richard Benevento 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 #358 The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Ordinance — Alcohol in Public Buildings — Artist's Reception — BPL — 12 April 2017 — Martin Lian, 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 #337 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Appointment — Beverly Waste Reduction Committee —Arthur Athanas, 77 Hale Street, 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 #339 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Appointment — Beverly Waste Reduction Committee — Joyce Herman, 36 Hull Street, 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 Unfinished Business: None Meeting Adjourned: 8:34 PM Attest: D. Wesley Slate, Jr. 273 274 City Clerk 274