Minutes - Monday 6 November 2017Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 6 November 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:02 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 St. Hilaire
Moment of Silence:
1. Chief John J. Finnegan, BPD
2. Mr. Edmond J. Theriault, Jr., DPS
3. Mr. Dominic L. "PePe" Carnevale
Presentations, Awards and Memorials:
1. Mayor Michael P. Cahill, Update — Beverly Middle School Project
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).
1. #373 (Final Passage) —Ann Marton, 17 Haskell Street
Resolutions: None
Public Hearings: None
Acceptance of Minutes of Previous Meetings:
1. Monday, 16 October 2017 - Regular Meeting
Vote to Approve: 9 -0
Communications from His Honor the Mayor:
#524
November 6, 2017
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: Amendment to Chapter 270- Vehicles and Traffic
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Dear Honorable City Council:
As you are aware, for some time now we have been discussing changes to the way our parking
system is structured downtown. After working with a parking consultant and hearing from the
community, we will be submitting an amended ordinance for your consideration. I ask that you
put this topic on your agenda for November 6, 2017. I suggest that the matter be referred to
committee and once the committee has had time to review and discuss the proposed ordinance, I
hereby request that a public hearing be scheduled for December 4, 2017.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs and the Parking & Traffic Commission
#525
November 6, 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. Lawrence Herman, 36 Hull
Street, Beverly to serve on the Beverly Harbor Management Authority.
His term is to be effective until December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#526
November 6, 2017
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: HALE HOUSE PRESERVATION RESTRICTION TO BE HELD BY THE CITY OF
BEVERLY
Dear Honorable City Council:
I am pleased to submit the attached Preservation Restriction for the Hale House at 39 Hale
Street, and the accompanying Restriction Guidelines, which provide additional detail regarding
maintenance to the historic structure.
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This Preservation Restriction protects the aforementioned historic structure from demolition,
provides terms under which the structure may be maintained and altered, and ensures that any
maintenance or alterations are completed with respect to the historic nature of the structure. The
Preservation Restriction also ensures that any activity extending beyond maintenance and minor
alterations to the structure — as detailed by the Restriction Guidelines — is done with approval
from the City of Beverly, further ensuring the preservation of historic elements of the building.
Approval of this Preservation Restriction by the Beverly City Council is required after approval
by the property owner Beverly Historical Society, the Beverly Historic District Commission, and
by the Mayor. After approval by the City Council, the Preservation Restriction will require
approval by the Massachusetts Historical Commission prior to being put into effect.
On September 27, 2017, the Beverly Historic District Commission voted 3 -0 to recommend
approval of this Preservation Restriction to the Beverly City Council. The Preservation
Restriction has also been approved and signed by the Beverly Historical Society.
Enclosed with this letter is the Preservation Restriction for the Hale House building at 39 Hale
Street, as recommended for approval by the Beverly Historic District Commission.
Please contact Associate Planner Emily Hutchings if you have any additional questions at 978-
605 -2346.
Sincerely yours,
Michael P. Cahill
Mayor
cc: William Finch, Chair, Historic District Commission
D. Wesley Slate, City Clerk
Aaron Clausen, Planning Director
Dan Lohnes, President of Historic Beverly
Referred to Legal Affairs
#527
November 6, 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. Scott Dullea, 36 Dane Street,
Beverly, MA to the Airport Commission. He will succeed August Faulstich whose term is
expired. Mr. Dullea's term will be through December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
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Council President entertained a Motion to accept three Late Files from
His Honor the Mayor — Approved — Vote: 9 -0
LATE FILE - #528
November 6, 2017
The Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to serve
on the Design Review Board:
Rachel Matthews, 4 Balsam Drive
Ellen Flannery, 30 Conant Street (Planning Board Representative)
Their terms are to be effective from December 1, 2017 until December 1, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
LATE FILE - #529
November 3, 2017
D. Wesley Slate, Jr.
City Clerk
191 Cabot Street
Beverly, MA 01915
RE: Removal from office of Andrew L. Channell
Board of Registrars of Voters
Dear Mr. Slate:
In accordance with Section 3 -4 of the City Charter, Andrew L. Channell is hereby removed from
the Board of Registrars of Voters as he is unavailable to perform his duties.
Sincerely yours,
Michael P. Cahill
Mayor
cc: Andrew L. Channell
60 Rantoul Street #609N
Beverly, MA 01915
By Regular and
Certified Mail, Postage Prepaid
Received and Place on File — Vote: 9 -0
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LATE FILE - #530
November 3, 2017
D. Wesley Slate, Jr.
City Clerk
191 Cabot Street
Beverly, MA 01915
Re: Temporary Appointment of Michael M. Murphy to the Board of Registrars of Voters
Dear Mr. Slate:
In accordance with Section 3 -5 of the City Charter, I hereby designate Michael M. Murphy, 43
Fairview Ave., Beverly, MA to perform the duties of the office of the Board of Registrars of
Voters on a temporary basis until an individual can be permanently appointed in accordance with
Sections 3 -4 and 2 -10 of the City Charter. I certify that said person is qualified to perform the
duties which will be required and that I make this designation solely in the interests of the City of
Beverly.
Sincerely yours,
Michael P. Cahill
Mayor
Received and Place on File — Vote: 9 -0
Communications from other City Officers & Boards:
#531
Councilor Lang — T &TC — Elliott Street Traffic Light
Referred to Legal Affairs and the Parking & Traffic Commission
#532
Salem & Beverly Water Supply Board — Annual Volume of Water Report
Received and Placed on File —Vote: 9 -0
#533
Community Preservation Committee — Proposed FY2018 Budget
Referred to Finance and Property to Set a Public Head
#534
Board of Assessors —Allocation of FY2018 Tax Levy Percentages
Referred to Finance and Propertv to Set a Public Head
358
Council President entertained a Motion to accept a Late File from the
Design Review Board - Approved — Vote: 9 -0
LATE FILE - #535
Design Review Board — Sign Recommendation — 38R Enon Street — Blade Barber Shop
Received and Placed on File —Vote: 9 -0
Communications, Applications & Petitions:
#506A
Bass River Realty LLC — Folger Avenue Street Acceptance
Referred to Public Services
Unfinished Business (2 Reading):
#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
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
Legal Ad Published in the Salem News on Friday, 20 October 2017
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
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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
Legal Ad Published in the Salem News on Friday, 20 October 2017
Final Passage: Monday, 20 November 2017
Order read once and adopted — Vote: 9 -0
Unfinished Business (Final Passage):
#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:
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
Legal Ad Published in the Salem News on Friday, 20 October 2017
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
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
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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
Legal Ad Published in the Salem News on Friday, 27 October 2017
Final Passage: Monday, 6 November 2017
Order read once and adopted — Vote: 9 -0
#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: 7 -2 (Rand & Guanci opposed). Council
President Guanci filed notice with the City Clerk the next day, changing his vote
to be in favor of the Order, thereby changing the final vote to 8 -1 (Rand opposed).
Reports of Committees:
#533
The Committee on Finance & Property, to whom was referred the matter of Communication — Community
Preservation Committee — Proposed FY2018 Budget, 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 Council of the City of Beverly hold a Public Hearing on Monday, 20 November
2017 at 7:15 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
Community Preservation
Committee's Fiscal Year 2018 Proposed CPA Budget.
Order read once and adopted — Vote: 9 -0
361
#534
The Committee on Finance & Property, to whom was referred the matter of Communication — Board of
Assessors — Allocation of FY2018 Tax Levy Percentages, 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 Council of the City of Beverly hold a Public Hearing on Monday, 20 November
2017 at 7:10 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
Board of Assessors' request relative to the allocation of Fiscal Year 2018 tax levy percentages among the
four classes of real and personal property and consideration of the adoption of open space, residential
and small business exemptions.
Order read once and adopted — Vote: 9 -0
#494
The Committee on Legal Affairs, to whom was referred the matter of Communication — Beverly Airport
Commission — Amended Ordinance - Membership, have considered said matter and beg leave to report as
follows, to wit.
Receive and Place on File — Vote: 9 -0
#515
The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Zoning Board
of Appeals (Alternate) — Stefano J. Basso, 12 Willow 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: 9 -0
#513
The Committee on Public Services, to whom was referred the matter of Communication — Mayor —
Appointment — Beverly Housing Authority — Mr. Kevin M. Kelly, Sr., 22 Federal Street #511, 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
#514
The Committee on Public Services, to whom was referred the matter of Reappointment — Commission for
Disabilities — Ms. Nancy Houghton, 20 Sohier Road, Apt. #707, 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
362
#535
The Committee on Public Services, to whom was referred the matter of Communication — Design Review
Board — sign Recommendation — 38R Enon Street — Blade Barber Shop, have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File — Vote: 9 -0
Motions and Orders: None
Meeting Adjourned: 8:40 PM Attest: D. Wesley Slate, Jr.
City Clerk
363
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