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Minutes - Monday 18 September 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Monday, 18 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.(absent), 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 Rand Moment of Silence: John R. Spridigliozzi — Captain, BFD (ret.), 32 years of service 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: None Acceptance of Minutes of Previous Meeting: 1. Tuesday, 5 September 2017 - Regular Meeting Vote to Approve: 8 -0 Resolutions: None Communications from His Honor the Mayor: September 18, 2017 The Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through our Planning Department, has received a Recreational Trails Grant from the Massachusetts Department of Conservation and Recreation in the amount of $5,346. With your approval, this grant will be used to update recreational trail signage city -wide. 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 324 on this matter at your upcoming meeting of the City Council on September 18, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #489 September 18, 2017 The Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through the Beverly Public Library, has received a Library Services and Technology Act Grant from the Massachusetts Board of Library Commissioner in the amount of $21,830. With your approval, this grant will be used for historic document preservation. 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 September 18, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #490 September 18, 2017 The Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through our Planning Department, has received a Municipal Assistance Host Grant from the Massachusetts Department of Environmental Protection. With your approval, this grant will be used to fund the Northeast District 2 Municipal Assistance Coordinator, Sharon Kishida, for a period of three years. The grant funds Mrs. Kishida's salary and benefits, as well as the City's administrative costs for hosting the position. 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 September 18, 2017. Thank you. 325 Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #491 September 18, 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 as Trustees of the David Lynch Public Parks fund: Kevin Hobin 6 Gardner Street September 30, 2020 Joan Fairbank 11 Liberty Street September, 30, 2020 Kathy Doane 83 Blsson Street September 30, 2017 —Beverly Friendly Garden Club representative Their terms are to be effective as noted above. Sincerely yours, Michael P. Cahill Mayor MPC /mal Referred to Finance & Property Communications from other City Officers & Boards: #492 Councilor Rand — Reappointment — OSRC — Marilyn McCrory, 2 Lovett CT — W2 Representative Referred to Leaal Affairs #493 OSRC Representative to CPC — Reappointment — Marilyn McCrory, 2 Lovett CT Received and Placed on File —Vote: 8 -0 326 #494 Beverly Airport Commission — Ordinance Amendment - Membership Referred to Legal Affairs #495 Councilor St. Hilaire —Ordinance Amendment — Alcohol in Public Buildings Referred to Legal Affairs #496 OSRC — Ordinance Amendment — Report to the City Council Referred to Legal Affairs Communications, Applications & Petitions: #497 Application for License — Christmas Trees — John X. DiVincenzo, 294 Elliott Street Referred to Legal Affairs Unfinished Business (2 Reading): #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: 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 327 Advertise and hold for Final Passage Second Reading: Monday, 18 September 2017 Final Passage: Monday, 2 October 2017 Order read once and adopted — Vote: 8 -0 Public Hearings: 1. 7:10 PM - #486 — Petition — National Grid — Rantoul ST — Plan #24203831 Public Hearing Held — Much discussion ensued between Councilors and the National Grid Representative on whether and why their work had been done, she informed with permission of the City Engineer, prior to the Public Hearing and the Council granting the Petition. She explained that the customer had requested it be done quickly, the Route 1 -A project was ongoing in the same area, and the City Engineer had OK'd the work. Council President asked the City Clerk to request that the City Engineer inform the Council when situations like this arise, since the Council's granting of the petition is supposed to precede any work being done. Public Hearing closed, referred back to Public Services 2. 7:20 PM - #487 — Petition — National Grid — Cherry Hill DR — Plan #23889725 Public Hearing Held and closed, referred back to Public Services Reports of Committees: #409 The Committee on Finance & Property, to whom was referred the matter of CPA Plan for Beverly — Community Preservation 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: 8 -0 #488 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- DOC&R Trails Grant — Planning - $5,346, 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 #489 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- BOLC — Library Services & Technology Act Grant — BPL - $21,830, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Request 328 Order read once and adopted — Vote: 8 -0 #490 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- DEP Municipal Assistance Host Grant — N.E.District Municipal Assistance Coordinator — Sharon Kishida, 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 #160 The Committee on Legal Affairs, to whom was referred the matter of Order — Councilor Latter re: 1 -Way Traffic Pattern on Russell & Kittredge Streets, 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 #319 The Committee on Legal Affairs, to whom was referred the matter of Communication — Morris, Rossi & Hayes, Attorneys @ Law — Open Space Conveyance @ Sunnycrest Circle, 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 #319A The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Board Approval of OSRD (Sunnycrest Circle), 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 #478 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment — Conservation Commission — William Squibb, 509 Cabot Street, have considered said matter and beg leave to report as follows, to wit. Recommend the Council Approve the Appointment Order read once and adopted — Vote: 8 -0 #479 329 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment — Conservation Commission — David Dines, 5 Pilgrim Heights, have considered said matter and beg leave to report as follows, to wit. Recommend the Council Approve the Appointment Order read once and adopted — Vote: 8 -0 #480 The Committee on Legal Affairs, to whom was referred the matter of Communication — Assistant Planning Director — OSRD Site Plan Application #10 -17 for 20, 30 & 50 Webster Avenue — Benco, LLC, 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 #495 The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor St.Hilaire — Ordinance Amendment — Alcohol in Public Buildings, 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: 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 113. "Alcohol Beverages ", Section 1 -A, "The possession or consumption of alcoholic beverages is prohibited in all public buildings except:" Amending Section 113 -1 as follows: ADD: "(5) In the Beverly Public Library or the Beverly Farms Library with the permission of the Library Director." Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 18 September 2017 Pending Publication and Final Passage Second Reading: Monday, 2 October 2017 Final Passage: Monday, 16 October 2017 Order read once and adopted — Vote: 8 -0 #496 The Committee on Legal Affairs, to whom was referred the matter of Communication — OSRC — Ordinance Amendment — Report to the City Council, 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: 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 15 -41 "Open Space and Recreation Committee" Amending Section 15 -41 B as follows: DELETE: "months", "March and October" & "a semi -" ADD: "month of October" & "an annual report" Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 18 September 2017 Pending Publication and Final Passage Second Reading: Monday, 2 October 2017 Final Passage: Monday, 16 October 2017 330 Order read once and adopted — Vote: 8 -0 #497 The Committee on Legal Affairs, to whom was referred the matter of Application for License — Christmas Trees — John X. DiVincenzo, 294 Elliott Street, have considered said matter and beg leave to report as follows, to wit. Recommend the License be granted Order read once and adopted — Vote: 8 -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: Recommend the Petition be granted Order read once and adopted — Vote: 8 -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: Recommend the Petition be granted Order read once and adopted — Vote: 8 -0 Motions and Orders: None Meeting Adjourned: 7:52 PM Attest: D. Wesley Slate, Jr. City Clerk 331 331