Minutes - Monday 1 May 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 1 May 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 (arrived @ 7:18 PM), Donald G. Martin, Estelle M. Rand, Matthew
J. St. Hilaire, Jason C. Silva, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Silva
Comments by Citizens (subject to the conditions contained in Appendix
A to the City Council's 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:
1. #398 - Stanley Forman, Pulitzer Prize - Winning Photographer (Councilor
Frates) Approved — Vote: 7 -0
2. #399 — BFD Retirements — FFs Richard G. Berry, Jeffrey F. O'Neil & John
D. Salvanelli -Approved —Vote: 7 -0
Presentations, Awards & Memorials:
1. Paula Herrington, Executive Director, HAWC, Inc.
2. Priscilla Walsh, Grants Director
Public Hearings:
1. 7:30 PM - #144A — Joint Public Hearing with the Planning Board — Inclusionary
Housing Zoning Amendment — Joint Public Hearing held and closed, referred
back to Legal Affairs and the Planning Board
2. 8:15 PM - #374 — Joint Public Hearing with the Planning Board — Ground Floor
Activated Uses Zoning Amendment — Joint Public Hearing held and closed,
referred back to Legal Affairs and the Planning Board
Acceptance of Minutes of Previous Meeting:
1. Tuesday, 18 April 2017 -Regular Meeting
Vote to Approve: 8 -0
Communications from His Honor the Mayor:
#394
May 1, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
:l
Dear Honorable City Council:
As you are aware, the North Beverly fire station is in need of some significant repair work to its
floors and entryways. I included some narrative regarding these issues in my last capital
expenditure plan and the City has recently completed the process of bidding the work. I am now
asking your approval of a project budget so we can execute a contract with a vendor and begin
work on this necessary project during the summer months.
The overall building is sound, however newer equipment has placed additional demands on the
building that will be addressed with this project. The existing concrete flooring will be repaired
and reinforced and the garage bays will be resized to more properly accommodate the fire trucks.
This work will prolong the useful life of the building and enhance safety.
Based on the bids received we are estimating the project to cost $550,000 which includes a 5%
contingency for potential change orders and unforeseen conditions. I respectfully request your
approval of an appropriation from the city's free cash balance to fund this project. This
appropriation will require a public hearing be set and notice of that hearing be properly
advertised at least 10 days prior to final council action on the order.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
#395
May 1, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly, through our Engineering Department, has
received a Sustainable Materials Recovery Targeted Small Scale Initiatives Grant from the
Department of Environmental Protection in the amount of $1,500. With your approval, this grant
will be used to support recycling outreach and education. 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 May 1, 2017.
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
W.K.
#396
May 1, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly, through our Emergency Management
Department, has received an Emergency Management Performance Grant from the
Massachusetts Emergency Management Agency in the amount of $14,460. With your approval,
this grant will be used to purchase a stand -by generator for the Emergency Management facility.
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 May 1, 2017. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#397
May 1, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint subject to your review and recommendation the following citizens to serve on
the Beverly Cultural Council:
Michael Miller, 12 Lothrop Street, Unit 5, Beverly
April 30, 2019
Andrew Houle, 41r Front Street, Beverly
April 30, 2019
Savery Kelley, 37 Railroad Avenue, Beverly
April 30, 2020
Colleen Michaels, 18 Madison Avenue, Beverly
April 30, 2020
Brenda Wong Murphy, 15 Bertram Street, Beverly
April 30, 2020
Their terms to be effective as noted.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Communications from other City Officers & Boards:
#400
Communication — City Clerk — Ordinance Amendment — Peddlers & Hawkers;
Canvassers & Solicitors
Referred to Legal Affairs
#401
Solicitor re: Amendment to the Veterans Advisory Committee
Referred to Legal Affairs
#366C
Communication — Solicitor re: Orders #2017 - 366/ -366A/ -3668 — Easement @ 127
Bridge Street
Referred to Legal Affairs
Council President entertained a Motion to accept a Late File from Councilor
Rand — Approved — Vote: 8 -0
LATE FILE - #405
Communication — Councilor Rand — Removal of Handicap Sign — 18 Porter Street
Referred to Legal Affairs
Communications, Applications & Petitions:
#402
Communication — MA -DOT re: Alteration of State Highway Route 128
Referred to Public Services
#403
Communication — Michael J. Kadigan, Jr. Post 40 American Legion, Beverly Farms -
Invitation to Memorial Day Parade
Received and Placed on File — Vote: 8 -0
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#404
Application for Waiver of Alcohol in Public Buildings Ordinance — 2n Annual Charity
Fishing Tournament @ Glover Wharf — Beverly YMCA & Griff ins Gift — 17 June 2017
Referred to Legal Affairs
Reports of Committees:
#394
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — BFD
North Beverly Fire Station Floor Repair (Set a Public Hearing), have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying Order and recommend its adoption:
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 15 May 2017
at 7:30 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly, MA, relative to the City
appropriating the sum of Five Hundred Fifty Thousand dollars ($550,000) to pay the costs of repair work
at the North Beverly fire station, and to meet said appropriation the Treasurer is authorized to transfer
said sum from the city's existing free cash reserve balance.
Order read once and adopted — Vote: 8 -0
#395
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA-
DEP — Engineering — Sustainable Materials Recovery Targeted Small Scale Initiatives Grant $1,500, 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: 8 -0
#396
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MEMA
Grant $14,460 — City's Emergency Management Department — Standby Generator, have considered said
matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 8 -0
#366
The Committee on Legal Affairs, to whom was referred the matter of Communication — Gelineau & Kline,
Attorneys at Law — 127 Bridge ST Encroachment / Request of Permanent Easement or Irrevocable License,
have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 8 -0
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#366A
The Committee on Legal Affairs, to whom was referred the matter of Communication —Atty. Roy Gelineau —
127 Bridge ST Encroachment / Request of Permanent Easement or Irrevocable License, have considered
said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted — Vote: 8 -0
#366C
The Committee on Legal Affairs, to whom was referred the matter of Communication — Assistant City Solicitor
— Easement @ 127 Bridge Street, 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 -0
#401
The Committee on Legal Affairs, to whom was referred the matter of Communication — Assistant City Solicitor
— Amendment to the Veterans Advisory Committee, have considered said matter and beg leave to report as
follows:
Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & Final
Passage:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
By amending § 15 -48 of the Beverly General Code by adding the following sentence at the end of
§15-48(a):
"Full -time municipal employees are eligible to be appointed to the Veterans Advisory
Committee."
As amended, the ordinance will read:
§15 -48 Veterans Advisory Committee
A. Establishment; composition. There is hereby established a Veterans Advisory Committee. This
Committee shall consist of 13 total members serving without compensation, who shall be
appointed by the Mayor, subject to confirmation by the City Council for a term of three 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. Full-time municipal employees to be appointed to
the Veterans Advisory Committee.
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B. Authority and responsibilities.
(1) The 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.
(2) A 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.
(3) 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:
(a) 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.
(b) The Committee shall provide the public with contacts to agents of federal, state and local
agencies that provide services to veterans and their families.
(c) 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.
(d) 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 with the Director of Veterans' 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.
First Reading: Monday, 1 May 2017
Second Reading: Monday, 15 May 2017
Amended Ordinance to take effect upon Publication and Final Passage.
Final Passage: Monday, 5 June 2017
Order read once and adopted — Vote: 8 -0
#404
The Committee on Legal Affairs, to whom was referred the matter of Application — Waiver of Alcohol in Public
Buildings Ordinance — 2 nd Annual Charity Fishing Tournament @ Glover Wharf — Beverly YMCA & Griffins Gift
— 17 June 2017, have considered said matter and beg leave to report as follows:
Recommend the Application be granted
Order read once and adopted — Vote: 8 -0
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#405
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor Rand —
Removal of Handicap Sign — 18 Porter Street, have considered said matter and beg leave to report as
follows:
Submit the Accompanying Amended Ordinance and Recommend its Adoption pending Publication & 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:
DELETE: Porter Street At approximately 18 Porter Street
First Reading: Monday, 1 May 2017
Ordinance to take effect upon Publication & Final Passage
Second Reading: Monday, 15 May 2017
Final Passage: Monday, 5 June 2017
Order read once and adopted — Vote: 8 -0
Unfinished Business: None
Motions and Orders: None
Meeting Adjourned: 9:41 PM Attest: D. Wesley Slate, Jr.
City Clerk
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