Minutes - Tuesday 5 September 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Tuesday, 5 September 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:01 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, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Martin
Moment of Silence: Sgt. Steve Perez, Houston PD, and all the victims, families
and friends of the hurricane in Texas and Louisiana.
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
Presentations, Awards & Memorials — Swearing -In and Recognition of
Beverly Police Officers:
1. William Terry & Michael Devlin — Captains
2. William Page — Lieutenant
3. Mark Panjwani & Jeffrey Tache — Sergeants
4. Joshua Spitaleri & Thomas Slavin — Officers
5. Officers Shawn Desmond & Harold Geary — Recognition
6. Captain Christopher Negrotti, Sergeant Philip McCarthy & Officer Stephen
Collins - Retirements
Acceptance of Minutes of Previous Meeting:
1. Wednesday, 22 March 2017 — Joint Meeting with the School Committee
2. Monday, 19 June 2017 - Regular Meeting
3. Monday, 17 & 31 July 2017 — Special Meetings
Vote to Annrove: 9 -0
Resolutions: None
Communications from His Honor the Mayor:
#476
September 5, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
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I seek your approval to expend funds contributed to the city for roadway and traffic
improvements in the general area surrounding Pleasant Street from Rantoul Street to River
Street. Pursuant to the Planning Board's approval of 112 Rantoul Street, Barnat Development,
LLC has contributed $38,000 to the City of Beverly for purposes outlined above.
This contribution requires City Council approval before any of the funds can be expended for the
prescribed purposes pursuant to Chapter 44 section 53A of the Massachusetts General Law.
Please initiate action on this at your next City Council meeting on September 5, 2017.
If you have any questions, please contact Aaron Clausen, City Planner, relative to the
contribution.
Sincerely yours,
Michael P Cahill
Mayor
cc: Bryant Ayles, Finance Director
Aaron Clause, Planning Director
Darlene Wynne, Asst. Planning Director
Michael Collins, Commissioner Public Services
Greg St. Louis, City Engineer
Referred to Finance & Property
#477
September 5, 2017
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Re: Home Rule Petition seeking amendment of Chapter 7 of the Acts of 2009
Dear Honorable City Council:
In 2008, this Honorable City Council passed order #253 petitioning the Legislature of the
Commonwealth of Massachusetts to approve special legislation issuing two additional liquor
licenses to establishments in the City of Beverly. The order requested that the special
legislation grant licenses to Joseph A. Leone, d /b /a the Black Cow for a restaurant at 1 Water
Street and to American BBQ LLC d /b /a the American BBQ at 950 Cummings Center, Suite
96 -X. The General Court passed the requested legislation as Chapter 7 of the acts of 2009.
As you are aware, the Black Cow project never came to fruition and therefore a license was
never issued at 1 Water Street. In order for the license to be issued to a new restaurant at 1
Water Street, Chapter 7 of the acts of 2009 must be amended by deleting the words "Joseph
Leone, d /b /a The Black Cow, for" This amendment will allow the City to issue the license to
whatever restaurant is ultimately built at 1 Water Street.
I request that the Council proceed with the appropriate action to approve this Home Rule
Petition, so that the Act may be amended and the license may ultimately be issued.
Enclosed please find the following:
1) Order requesting the Legislature of the Commonwealth of Massachusetts to amend
Chapter 7 of the Acts of 2009;
2) Proposed Home Rule Petition;
3) Order #253 of 2008; and
4) Chapter 7 of the acts of 2009.
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Sincerely yours,
Michael P. Cahill
Mayor
That the Legislature of the Commonwealth of Massachusetts be requested to amend Chapter 7 of
the acts of 2009 by striking out in the first sentence the words, "Joseph Leone, d /b /a The Black
Cow, for"
A copy of Chapter 7 of the Acts of 2009 is attached.
HOME RULE PETITION
Voted, to authorize the Legislature of the Commonwealth of Massachusetts to amend Chapter 7
of the acts of 2009 in order that the City of Beverly may issue the liquor license intended for a
restaurant at 1 Water Street. In Chapter 7 of the acts of 2009, Joseph Leone, d /b /a the Black
Cow, was named as the intended recipient of the liquor license. The Black Cow project never
came to fruition, and therefore the liquor license never issued. The City of Beverly is now
looking to have the ability to issue the liquor license to a new restaurant at the same property.
The Legislature may reasonably vary the form and substance of the requested legislation within
the scope of the general public objectives of this petition.
Referred to Legal Affairs
#478
August 31, 2017
The Honorable City Council
191 Cabot Street, City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. William Squibb of 509 Cabot
Street, Beverly to serve as a member of the Conservation Commission.
Mr. Squibb's term is to be effective until June 30, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
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Cc: Aaron Clausen, Planning Director
Amy Maxner, Environmental Planner
Referred to Legal Affairs
#479
August 31, 2017
The Honorable City Council
191 Cabot Street, City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby appoint, subject to your review and recommendation, Mr. David Dines of 5 Pilgrim
Heights, Beverly to serve as a member of the Conservation Commission.
Mr. Dines will take the seat of Anthony Paluzzi who recently resigned, and his term is to be
effective until June 30, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Cc: Aaron Clausen, Planning Director
Amy Maxner, Environmental Planner
Referred to Legal Affairs
Communications from other City Officers & Boards:
#480
Assistant Planning Director — OSRD Site Plan Application #10 -17 for 20, 30 & 40
Webster AV — Benco, LLC
Referred to Legal Affairs
#323A
City Clerk — 2017 Election Calendar City of Beverly (Revised)
Order read once and adopted — Vote: 9 -0
#481
BPD Traffic Sergeant — Handicapped Parking sign @ 20 Roundy Street
Referred to Legal Affairs
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#482
BPD Chief — Ch. 270 — Parking & Traffic Ordinance Amendments
Referred to Legal Affairs
#483
Finance Director — FY2017 Invoices to be paid in FY2018
Referred to Finance & Pro
Communications, Applications & Petitions:
#484
Waiver of Alcohol in Public Buildings Ordinance — Artist's Reception — Beverly Farms
Library, Ronald Pruett, 12 October 2017
Referred to Legal Affairs
#485
Request for Sidewalk Box — River Bible Church, 6 Broadway
Referred to Finance & Property
#486
Petition — National Grid — Rantoul Street — Plan #24203831 — Set a Public Hearing
Referred to Public Services
Council President entertained a Motion to accept a Late File from
National Grid — Approved — Vote: 9 -0
#487
Petition — National Grid — Cherry Hill Drive — Plan #23887925 — Set a Public Hearing
Referred to Public Services
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Public Hearing:
1. 8.00 PM -#409A—CPC Round 4 Recommendations
Public Hearing Held and closed, upon consultation with the City Clerk
and the City Solicitor to vote the Measure on the Floor rather than refer
it back to Finance & Property, Council President entertained a Motion to
Approve the Request — Vote: 9 -0.
Reports of Committees:
#476
The Committee on Finance & property, to whom was referred the matter of Communication — Mayor —
Expenditor of Funds 112 Rantoul Street, Barnat Development, LLC - $38,000, 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
#483
The Committee on Finance & Property, to whom was referred the matter of Communication — Finance
Director — FY2017 Invoices to be paid in FY2018, 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
#485
The Committee on Finance & Property, to whom was referred the matter of Request for Sidewalk Box — River
Bible Church, 6 Broadway, 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
#477
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Home Rule
Petition seeking Amendment of Chapter 7 of the Acts of 2009, 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
#481
The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic Sergeant
— Handicapped Sign @ 20 Roundy Street, 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:
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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: Roundy Street At approximately 20 Roundy Street
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: Tuesday, 5 September 2017
Advertise and hold for Final Passage
Second Reading: Monday, 18 September 2017
Final Passage: Monday, 2 October 2017
Order read once and adopted — Vote: 9 -0
#484
The Committee on Legal Affairs, to whom was referred the matter of Application — Waiver of Alcohol in Public
Buildings Ordinance — Artist's Reception @ Beverly Farms Library, 12 October 2017 — Ronald Pruett, 69
West Street / Beverly Farms, have considered said matter and beg leave to report as follows, to wit.
Recommend the Application be granted
Order read once and adopted — Vote: 9 -0
#486
The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Rantoul
Street — Plan #24203831, 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, 18
September 2017 at 7:10 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA
relative to a Petition from National Grid — Plan #24203831 — Rantoul Street — to install beginning at a
point approximately 24 feet WSW of the centerline of the intersection of Rantoul Street @ Pleasant Street
and continuing approximately 125 feet in a SSW direction. National Grid to install, beginning @ MH #5 -A
Rantoul Street @ Pleasant Street, 2 -4" PVC Conduits encased in concrete in a southerly direction for 110'
+/- then sweeping 90 degrees +/- to the west for 15'+/- to private property @ 110 -114 Rantoul Street.
Order read once and adopted — Vote: 9 -0
#487
The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Cherry Hill
Drive — Plan #23889725, have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying Order and recommend its adoption:
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ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 18
September 2017 at 7:20 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA
relative to a Petition from National Grid — Plan #223889725 — Cherry Hill Drive — to install beginning at a
point approximately 35' NE of the centerline of the intersection of Cherry Hill Drive and continuing
approximately 75' in a SW direction. National Grid to stub out of manhole 6 to customer installed
switchgear manhole (located approximately 75' across Street). National Grid to install Pri Cable along
customer installed conduits to switchgear manhole (servicing 3PH transformer on property). Manhole is
located across street (78 Cherry Hill Drive). Conduit/Cable to run across street to 55 Cherry Hill Drive.
Order read once and adopted — Vote: 9 -0
Motions and Orders: None
Unfinished Business: None
Meeting Adjourned: 8:45 PM Attest: D. Wesley Slate, Jr.
City Clerk
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