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Minutes - Monday 16 October 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 16 October 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, 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: Council Vice President Houseman & Dr. Steven D. Immerman, President, Montserrat College of Art Moment of Silence: None 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 Presentations, Awards and Memorials: 1. Dr. Steven D. Immerman, President, Montserrat College of Art Resolutions: 1. #516- Dr. Steven D. Immerman, President, Montserrat College of Art Vote to Approve: 9 -0 Acceptance of Minutes of Previous Meetings: 1. Monday, 2 October 2017 - Regular Meeting Vote to Approve: 9 -0 Communications from His Honor the Mayor: #511 October 16, 2017 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through our Police Department's Domestic Violence Unit, has been awarded a Victim Services Training Grant from the Massachusetts 343 Office of Victim Assistance in the amount of $1,721. With your approval, this grant will be used for training and professional development related to domestic violence for Police Department 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 October 16, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Pro #512 October 16, 2017 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: Attached is a memorandum from Finance Director, Bryant Ayles, seeking authorization to restructure some of the city's existing debt to take advantage of a more favorable rate, thereby saving on interest payments. I hereby request the Honorable Council to consider this request at your upcoming meeting on October 16, 2017. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property #513 October 16, 2017 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Mr. Kevin M. Kelly, Sr., 22 Federal Street, Unit 511, Beverly to serve as a member of the Beverly Housing Authority. Mr. Kelly will be replacing Ms. Laurie Callahan who recently stepped down. 344 Mr. Kelly's term is to be effective until June 28, 2022. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #514 October 16, 2017 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation, Ms. Nancy Houghton, 20 Sohier Road, Apt. 707 to serve on the Commission for Disabilities. Ms. Houghton's term is to be effective from November 1, 2017 until November 1, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #515 October 16, 2017 The Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Mr. Stefano J. Basso, 12 Willow Street, Beverly to serve as an alternate member of the Zoning Board of Appeals. Mr. Basso's term is to be effective until October 1, 2020. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs 345 Communications from other City Officers & Boards: #517 Councilor Frates — full Traffic Impact Study — Grover Street Referred to Legal Affairs and the Parking & Traffic Commission #518 Councilor Frates - Correction — OSRC Reappointment — Elizabeth Dunne (3 -Year Term) Approved on the Floor — Vote: 9 -0 Council President entertained a Motion to accept two Late Files from the Traffic Sergeant — Approved — Vote: 9 -0 LATE FILE - #519 BPD Traffic /Safety Sergeant — Handicapped Parking spot @ 2 Chase Street Referred to Leaal Affairs LATE FILE - #520 BPD Traffic /Safety Sergeant — Handicapped Parking Sign @ 46 Pleasant Street Referred to Legal Affairs Communications, Applications & Petitions: #521 Chief, Houston, TX PD — Thank You for the Council's Moment of Silence for their Sgt. Steve Perry Received and Placed on File — Vote: 9 -0 #522 Application for Livery License — Ocar Transportation LLC, 100 Cummings Center, Unit #307G Referred to Legal Affairs 346 #298A Renewal Application for License — LPG — Beverly Middle School Owner's Project Manager — 502 Cabot ST #U -2 Referred to Legal Affairs Council President entertained a Motion to accept another Late File - Approved — Vote: 9 -0 LATE FILE - #523 Application for License (Transfer) — Class II Motor Vehicle — Ryal Side Auto, 88 Bridge Street Referred to Legal Affairs Unfinished Business (2 Reading): #373 The Committee on Legal Affairs, to whom was referred the matter of Communication — Parking & Traffic Commission — No Parking Zone — West Side of Haskell Street from Rezza Road to Hale 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 ", Article VI. "Stopping, Standing & Parking Restrictions ", Section 270- 41 "Parking prohibited at all times ", Amending Section 270 -41 as follows: DELETE: Haskell Street West From utility pole #1741 south to Hale Street ADD: Haskell Street West From Rezza Road to Hale Street First Reading: Monday, 2 October 2017 Second Reading: 16 October 2017 Pending Publication and Final Passage Final Passage: Monday, 6 November 2017 Order read once and adopted — Vote: 9 -0 #482A The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD — Amended Ordinance — Ch.270 — New Section 270 -64 "Parking in Bicycle Lanes ", 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 347 An order amending an ordinance entitled Chapter 270- Vehicles and Traffic, Article VI: Stopping, Standing and Parking Restrictions: Be it ordained by the City Council of the City of Beverly as follows: By amending Chapter 270- Vehicles and Traffic, Article VI: Stopping, Standing and Parking Restrictions: By amending section: § 270 -38 General Prohibitions by adding: M. in any bicycle lane established under § 270 -37. And By adding to the fine schedule in § 270 -63 Violation Fine Bicycle Lane $50 And By amending the text of § 270 -37(A) as follows: Replacing: Cabot Street From approximately 400 feet north of Blaine Street to Lenox Street With Cabot Street From State DOT Marker (499 Cabot St) to Lenox St And by adding the following: Dodge Street From Whitaker Way to the town of Wenham Brimbal Avenue From Walnut Avenue to Route 128 Ramp (before overpass) and From Route 128 Overpass to Colon St Budleigh Avenue Entire Length Old Essex Road Southbound within 200 feet of Essex Street Essex Street Evelyn Road to Route 128 Hale Street From Monument Square to Dane Street and From Lothrop Street to Boyles Street Sohier Road Bomac Road to Tozer Road Tozer Road From Sohier Road to 55 Tozer Road First Reading: Monday, 2 October 2017 Second Reading: Monday, 16 October 2017 Pending Publication and Final Passage Final Passage: Monday, 6 November 2017 Order read once and adopted — Vote: 9 -0 Unfinished Business (Final Passage): #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: 9 -0 WK #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 Order read once and adopted - Vote: 9 -0 Public Hearings: 1. 7:30 PM - #509 - Petition - National Grid #21086914 - Rantoul & Federal Streets Public Hearing held & closed, referred back to Public Services 2. 7:40 PM -#510 -Petition -National Grid #24668645- Neptune CT & Neptune ST Public Hearing held & closed, referred back to Public Services 3. 7:50 PM - #503 - Loan Authorization - Pershing Avenue Pump Station Public Hearing held & closed, referred back to Finance & Property 4. 8:00 PM - #504 - Loan Authorization - Brimbal Avenue Standpipe Public Hearing held & closed, referred back to Finance & Property Reports of Committees: #503 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Appropriation Request — Pershing Avenue Pump Station - $1 M, have considered said matter and beg leave to report as follows, to wit: Submit the accompany Order and recommend its adoption: ORDERED: That the City appropriates the sum of One Million Dollars ($1,000,000) to pay costs of designing and constructing improvements to the Pershing Avenue Water Pumping Station, and for the payment of all other costs incidental and related thereto, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Section 8(4) or any other enabling authority and that the Mayor is authorized to take any other action necessary to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount .. Order read once and adopted — Vote: 9 -0 #504 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Appropriation request — Brimbal Avenue Standpipe - $2.8M, have considered said matter and beg leave to report as follows, to wit: Submit the accompany Order and recommend its adoption: ORDERED: That, that the City appropriates the sum of Two Million Eight Hundred Thousand Dollars ($2,800,000) to pay costs of repairing and repainting the Brimbal Avenue Standpipe, and for the payment of all other costs incidental and related thereto, and to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Section 8(4) or any other enabling authority and that the Mayor is authorized to take any other action necessary to carry out this project. Any premium received by the City upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Order read once and adopted — Vote: 9 -0 #511 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Grant — MA- OVA- >BPD -DVU $1,721 — Victims Services Training, 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 #512 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Finance Director Request — Authorization to Explore Reissuance of Debt, 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 #298A The Committee on Legal Affairs, to whom was referred the matter of Application for License — LPG — Middle School Project — 502 Cabot Street, 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 #482 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Chief — Ch. 270 — Parking & Traffic Amendments, 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: 350 Chapter 270. "Vehicles and Traffic ", Article V. "Traffic Regulations" Amending Section 270 -27 as follows: Rename to "Right on Red Turns; Care in Stopping; Following Too Closely "; Designate existing language regulating "right on red turns" as Section "A "; and Add section "B" entitled "Care in Stopping" and and section "C" "Following Too Closely" with the attached text. Amending Section 270 -9 by replacing "$2" with "$25 ". First Reading: Tuesday, 5 September 2017 Second Reading: Monday, 16 October 2017 Pending Publication and Final Passage Final Passage: Monday, 6 November 2017 Order read once and adopted — Vote: 9 -0 #499 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — Constable — Paul A. Minsky, 15 Lynn Shore Drive, Lynn, 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 #500 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — Constable — Peter A. Davekos, 5 Brookhead Avenue, Beverly, 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 #501 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — ZBA Alternate Member— Margaret O'Brien, 9 Willow Street, Beverly, 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 #519 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /Safety Sergeant — Handicapped Parking spot @ 2 Chase 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: Chase Street At approximately 2 Chase Street 351 Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 16 October 2017 Second Reading: Monday, 6 November 2017 Ordinance to take effect upon Publication & Final Passage. Final Passage: Monday, 20 November 2017 Order read once and adopted — Vote: 9 -0 #520 The Committee on Legal Affairs, to whom was referred the matter of Communication — BPD Traffic /Safety Sergeant — Handicapped Parking spot @ 46 Pleasant 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: Pleasant Street At approximately 46 Pleasant Street Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for public review. First Reading: Monday, 16 October 2017 Second Reading: Monday, 6 November 2017 Ordinance to take effect upon Publication & Final Passage. Final Passage: Monday, 20 November 2017 Order read once and adopted — Vote: 9 -0 #522 The Committee on Legal Affairs, to whom was referred the matter of Application for License — Livery — Ocar Transportation LLC, 100 Cummings Center #307G, have considered said matter and beg leave to report as follows, to wit. Recommend the License be Granted Order read once and adopted — Vote: 9 -0 #523 The Committee on Legal Affairs, to whom was referred the matter of Application for License (Transfer) — Class II Motor Vehicle License - Ryal Side Auto, 88 Bridge 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: 9 -0 352 #502 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Appointment — Beverly Airport Commission (Danvers Representative) — Tracy Wadsworth, 13A Fellows Street / Danvers, 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: 9 -0 #509 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #21086914 — Rantoul & Federal Streets, have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted — Vote: 9 -0 #510 The Committee on Public Services, to whom was referred the matter of Petition — National Grid — Plan #24668645 — Neptune Court & Neptune Street, have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted Order read once and adopted — Vote: 9 -0 Motions and Orders: None Meeting Adjourned: 9:07 PM Attest: D. Wesley Slate, Jr. City Clerk 353 353