Minutes - Tuesday 18 April 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Tuesday, 18 April 2017 @ 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., Scott D. Houseman -Vice President (absent), David J.
Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St. Hilaire, Jason
C. Silva (absent), Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Martin
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).
None
Resolutions: None
Presentations, Awards & Memorials:
1. Wayne Castonguay, Executive Director, Ipswich River Watershed
Association
Public Hearings:
1. 7:30 PM - #371 — Beverly Airport Grant — Skid Steer Loader - Public Hearing held
and closed, referred back to Finance & Property
Acceptance of Minutes of Previous Meeting:
1. Monday, 3 April 2017 - Regular Meeting
Vote to ADDrove: 7 -0
Communications from His Honor the Mayor:
#378
April 18, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Salvatore DiMercurio, 14
Cherry Road, Beverly and Superintendent Steven Hiersche, 70 Balch Street, to serve as members
of the Human Rights Commission.
Their terms are to be effective until April 4, 2020.
278
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#379
April 18, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Ms. Stephanie Herbster, 105 Hull
Street, Beverly to serve as a member of the Conservation Commission.
Her term is to be effective until June 30, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#380
April 18, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Gregory Sharp, 8 Leather
Lane, Beverly to serve as a member -at -large of the Open Space and Recreation Committee.
Mr. Sharp will fulfill the term of Mr. David Long who recently stepped down.
His term is to be effective until August 31, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
279
#381
April 18, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint subject to your review and recommendation Mr. Rick Grandoni, 58 Neptune
Street, Beverly to serve as the Conservation Commission representative on the Open Space and
Recreation Committee.
His term is to be effective until August 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
#382
April 18, 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 Police Department and Council
on Aging, has been awarded a Victim Services Training Grant from the Massachusetts Office of
Victim Assistance in the amount of $7,500. With your approval, this grant will be used for
training and professional development related to elderly domestic violence and abuse for three
Police Department staff and two Council on Aging staff 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 approve this grant by
taking action on this matter at your upcoming meeting of the City Council on April 18th, 2017.
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#383
April 18, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Re: Acceptance of Drainage Easement at 480 -482 Rantoul
Dear Honorable Council:
I am writing in support of the attached order accepting and authorizing me to execute a drainage
easement at 480 -482 Rantoul Street that has been presented to the Council for approval.
This easement will assist in making improvements to our drainage infrastructure in this area of
the City in relation to this development. I wholeheartedly support this measure and urge the
Council to take swift action to approve it.
Sincerely yours,
Michael P. Cahill
Mayor
Attachments
Referred to Legal Affairs
Council President entertained a Motion to accept a Late File from the Mayor
— Approved — Vote: 7 -0
LATE FILE - #392
April 18, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Re: Disposition of National Grid Easement at 502 Cabot Street -Middle School
Dear Honorable City Council:
Enclosed is a proposed order authorizing the grant of an easement to National Grid, a.k.a.
Massachusetts Electric Company, at 502 Cabot Street. This easement will allow National Grid to
install and maintain an underground electric distribution system at the new Middle School.
I am requesting that the Council take action approving this easement at its April 18, 2017
meeting, if possible.
Thank you for your attention to this.
Sincerely yours,
Michael P. Cahill
Mayor
Encl.
281
Referred to Legal Affairs
Communications from other City Officers & Boards:
#390
Communication —Danvers Town Manager — PILOT for Airport $6891.73
Receive and Place on File — Vote: 7 -0
#384
Communication — City Clerk — 2n Hand (Junk/Valuables) Dealers Licenses - 2017
Referred to Legal Affairs
#385
Communication — Councilor Rand — Summit AV "Do Not Enter" Signs
Referred to Legal Affairs
#386
Communication — Planning Director — Zoning Amendment — Recreational Marijuana
Sales
Referred to Legal Affairs to Set a Joint Public Hearing with the Planning
Rnard
Communications, Applications & Petitions:
#387
Application — 2n Hand Junk Dealers License — Cynthea Michaels
Referred to Legal Affairs
#388
Communication — National Center for Race Amity — Race Amity Day Observances in
connection with the Governor's Proclamation
Received and Placed on File — Vote: 7 -0
282
#389
Application for Pawnbroker License — Nyan Group, Inc. d /b /a Cash Point, 135 Cabot ST
Referred to Legal Affairs
#391
Application — License to Peddle — Ice Cream, Candy & Drinks — Jeffrey Dean
Referred to Legal Affairs
#393
Application — License to Peddle — Ice Cream, Candy & Drinks — Steven Wright, 78
Brimbal Avenue
Referred to Legal Affairs
Reports of Committees:
#371
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA-
DOT Aeronautics Division Grant — Purchase Skid Steer Loader, 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: 7 -0
#382
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Victim
Services Training Grant — MA -Office of Victims Assistance — Beverly Police Department & Council On Aging
$7,500, 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: 7 -0.
#383
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Drainage
Easement Acceptance — 480 -482 Rantoul Street have considered said matter and beg leave to report as
follows:
Recommend the Council Approve the Request
283
Order read once and adopted — Vote: 7 -0
#384
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk — 2017 2nd
Hand (Junk/Valuables) Dealers Licenses have considered said matter and beg leave to report as follows, to
wit:
Recommend the Licenses be Granted, pending receipt of proper applications.
Order read once and adopted — Vote: 7 -0
#385
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand —
Summit Avenue "Do Not Enter" Signs, 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: 7 -0
#386
The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Director —
Zoning Amendment — Recreational Marijuana Sales, have considered said matter and beg leave to report as
follows:
Submit the Accompanying Order and Recommend its Adoption:
ORDERED: in accordance with M.G.L. Chapter 40A, Section 5 that the Beverly City Council and the
Beverly Planning Board will hold a Joint Public Hearing on Tuesday, 30 May 2017 at 7:15 PM in City Hall,
191 Cabot Street — 3r Floor, Council Chamber, Beverly, MA, relative to a Proposed Amendment to the
Beverly Zoning Ordinance: Article XVII — Temporary Moratorium on the Sale and Distribution of
Recreational Marijuana until 31 December 2018.
Order read once and adopted — Vote: 7 -0
#387
The Committee on Legal Affairs, to whom was referred the matter of Application — 2 Hand Junk Dealers
License — Cynthea Michaels, d /b /a Scavenger's Trove, 457 Rantoul Street, have considered said matter and
beg leave to report as follows:
Recommend the License be Granted
Order read once and adopted — Vote: 7 -0
#389
The Committee on Legal Affairs, to whom was referred the matter of Application for a Pawnbroker License —
Nyan Group, Inc. d /b /a Cash Point, 135 Cabot Street, have considered said matter and beg leave to report as
follows:
Recommend the License be Granted
Order read once and adopted — Vote: 7 -0
WE
#391
The Committee on Legal Affairs, to whom was referred the matter of Application — License to Peddle — Ice
Cream, Candy & Drinks — Jeffrey Dean, have considered said matter and beg leave to report as follows:
Recommend the License be Granted
Order read once and adopted — Vote: 7 -0
#392
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Disposition of
National Grid Easement — BMS, 502 Cabot Street, have considered said matter and beg leave to report as
follows:
Submit the Accompanying Order and Recommend its Adoption:
ORDER DECLARING PROPERTY AVAILABLE FOR DISPOSITION
The Beverly City Council hereby declares that the following interest in real property is available for disposition
to Massachusetts Electric Company, aka, National Grid for the sole purpose of the installation and
maintenance of an UNDERGROUND ELECTRIC DISTRIBUTION SYSTEM to the new Middle School being
constructed at 502 Cabot Street, Beverly, MA:
An easement area in conformance with the location depicted on the attached sketch entitled: "Electric
Doistribution Construction Easement; National Grid; Owner(s): City of Beverly School Dept.; Address: 502
Cabot Street, Beverly, MA 01915; Date: 9/30/2016; Drawn By: M E Murphy."
Order read once and adopted — Vote: 7 -0
#392A
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Solicitor, have
considered said matter and beg leave to report as follows:
Submit the Accompanying Order and Recommend its Adoption:
In the year two thousand and seventeen
Be it ordered by the City Council of the City of Beverly as follows:
The City of Beverly is authorized to convey to Massachusetts Electric Company a utility
easement that will traverse the new Middle School project property located at 502 Cabot Street,
as set forth in the written easement and plan attached to this Order;
Be it further ordered that the Mayor be authorized to execute, record and revise, if necessary,
any documents necessary to convey this easement for the City.
Order read once and adopted — Vote: 7 -0
#393
The Committee on Legal Affairs, to whom was referred the matter of Application for License to Peddle — Ice
Cream, Candy & Drinks — Steven Wright, 78 Brimbal Avenue, have considered said matter and beg leave to
report as follows:
Recommend the License be granted
Order read once and adopted — Vote: 7 -0
285
#367A
Communication — Council President — Motion to Reconsider Vote on Council Order #2017 -367
Order read once and adopted — Vote: 6 -0 -1 (Councilor Guanci did not vote)
Under Council "Rules & Orders ", in the absence of the President and the Vice
President, the City Clerk called for the vote:
#367
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Food Truck
Pilot Program @ Ellis Square, have considered said matter and beg leave to report as follows:
Submit the accompanying Order and recommend its adoption:
ORDER ESTABLISHING FOOD TRUCK PILOT PROGRAM
WHEREAS, the City of Beverly (City), along with the City Council, has made a commitment to
revitalizing downtown Beverly;
WHEREAS, as part of that revitalization, working alongside Beverly Main Streets, the Community
Preservation Committee, and others, the City has undertaken to redesign Ellis Square;
WHEREAS, the redesign project at Ellis Square will be completed in the late spring;
WHEREAS, food trucks are an increasingly popular amenity in cities and towns in Massachusetts and
across the country; and
WHEREAS, bringing food trucks to Ellis Square will activate the area in a manner consistent with the
City's goals of downtown revitalization.
NOW THEREFORE it is ORDERED that:
The Planning Department of the City of Beverly may create and administer a pilot program to license
food trucks at Ellis Square from June 1, 2017 until September 30, 2017.
The Planning Department will be responsible for:
establishing criteria for the selection of food trucks to be awarded licenses;
creating a selection committee, including a member of the City Council, who will choose the food
trucks to be awarded licenses;
creating rules, regulations, and requirements for applicants and licensees;
administering the pilot program;
presenting a review of the program to the City Council.
Food Trucks will also require inspection and a permit from the Board of Health.
Order read once and adopted — Vote: 6 -0 -1 (Councilor Guanci recused himself)
Unfinished Business: None
Motions and Orders: None
Meeting Adjourned: 8:32 PM Attest: D. Wesley Slate, Jr.
:.
City Clerk
287
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