Minutes - Monday 5 March 2018Regular Meeting - Beverly City Council, Beverly, MA
MINUTES — Monday, 5 March 2018 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:02 PM
Roll Call: Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr. -Vice President,
Scott D. Houseman, David J. Lang, James F. Latter (Absent), Donald G. Martin, Estelle
M. Rand, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor ( "Dean ") Martin
Moment of Silence:
1. Kenneth P. Stowe, Beverly Public Schools Teacher, Assistant Principal &
Principal
Presentations, Awards and Memorials: None
Resolutions: 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):
1. George Binns, 51 Baker Avenue
Acceptance of Minutes of Previous Meetings:
1. Tuesday, 20 February 2018 - Regular Meeting
Vote to Annrove: 8 -0
Communications from His Honor the Mayor:
#046
March 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
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I hereby reappoint subject to your review and recommendation Mr. Paul Knight, 5 Garden Street,
Beverly to serve on the Registrars of Voters as the City Democratic Committee representative.
His term is to be effective until March 1, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Council President entertained a Motion to Accept 3 LATE FILES from
His Honor the Mayor — Approved - Vote: 8 -0
LATE FILE - #048 (note: Order #s 048 and 049 were read in reverse
order at the Meeting. These Minutes reflect the correct Order #s that
apply to these two Measures.)
March 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
Attached for your review is an amendment to Chapter 210 of the ordinance entitled Parks,
Recreation Areas and Public Property in regards to the Permitting Use of Parks and Public
Spaces.
The purpose of this amendment is to formalize the permitting process for all public uses of
public property, parks and spaces.
I suggest that the matter be referred to committee and once the committee has had time to review
and discuss the proposed ordinance, that a public hearing be scheduled.
Sincerely yours,
Michael P. Cahill
Mayor
Attachment
In the year two thousand and eighteen
Be it ordained by the City Council of the City of Beverly as follows:
By amending Chapter 210 entitled Parks, Recreation Areas and Public Property of the
revised Ordinances of the City of Beverly by adding the following new Article III entitled
"Permitting Use of Parks and Public Spaces ":
ARTICLE III Permitting Use of Parks and Public Spaces
§210 -7
(a) Purpose.
Maintaining the appearance of City parks and protecting City public spaces from damage and
ensuring public access and safety is of paramount importance and any activity implicating these
interests shall require a permit. The purpose of permitting events and other uses of public
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property under the control of the Parks and Recreation Commission is, among other things, to
maintain the physical appearance and integrity of the City's parks and to ensure that public
spaces remain available and open for use and enjoyment by all Beverly residents and the general
public.
(b) Permits.
The Parks and Recreation Department shall maintain a uniform permitting process for all uses of
public property and spaces within its jurisdiction and in its care. Events or activities that in any
manner use City parks or spaces to the exclusion of or precluding other members of the public
from engaging in routine and usual recreational park activities, must obtain a permit from the
Director of Parks and Recreation or his /her designee.
Unpermitted activities that either intentionally or inadvertently transgress or interfere with any of
the interests protected by this Ordinance shall be deemed a trespass. The Director of Parks and
Recreation shall either issue a permit or take appropriate steps to terminate the activity in order
to preserve the integrity of the park and to ensure public's safety.
Permit applications shall be made available through the appropriate City department. Permit
applications shall be completed and filed with the Director of Parks and Recreation or his /her
designee. Said application shall also require the approval of the Chief of Police pursuant to §
270 -3 of the City Ordinances if there is a likelihood of traffic or streets being impacted by the
permitted event.
§210 -8 Demonstrations, Rallies, Gatherings Etc.
Any demonstration, rally, event, activity, or other gathering either expected to or that may result
in drawing a crowd that will in any manner or for any period of time will preclude use of park
property by other members of the public shall require a permit issued by the Director of Parks
and Recreation.
The Director of Parks and Recreation shall not unreasonably withhold such a permit. In
reviewing the permit application, the Director shall consider the impact of the proposed
demonstration, rally, event, activity, or other gathering upon the physical condition and integrity
of the public space, the number of people expected to participate, the duration of the proposed
activity, the need for police details, traffic and parking concerns, any contemporaneous events
planned for the same property and the nature of the activity in order to impose reasonable
conditions on the issuance of the permit.
The Parks and Recreation Department may charge for the actual costs of a demonstration, rally,
event, activity, or other gathering, including but not limited to the costs of processing permits,
clean -up costs, and /or traffic control, and also may impose narrow insurance requirements.
Permit holders shall also be responsible for any wear and tear that is anticipated based on the
permitted use, excessive wear and tear that may or may not be anticipated, and /or any damage to
property, including but not limited to the cost of restoration, replacement and /or repair.
§210 -9 Events or Activities Requiring License Agreements
Events including weddings, concerts, movie sets or other commercial activity engaged in upon
public parks or other public spaces shall require a permit from the Director of Parks and
Recreation or his /her designee. In addition, such events may require a license agreement in the
discretion of the Director of Parks and Recreation in coordination with the Purchasing
Department and in accordance with Parks and Recreation Regulations or other City policy or
practice.
Referred to Legal Affairs
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LATE FILE - #049
March 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
Attached for your review is an amendment to Chapter 270 -3 of the ordinance entitled "Block
parties, parades and processions ".
The purpose of this amendment is to formalize the permitting process for any event or activity
that is expected or may impede or interfere with pedestrian sidewalk traffic or vehicular traffic.
I suggest that the matter be referred to committee and once the committee has had time to review
and discuss the proposed ordinance, that a public hearing be scheduled.
Sincerely yours,
Michael P. Cahill
Mayor
Attachment
In the year two thousand and eighteen
Be it ordained by the City Council of the City of Beverly as follows:
By amending Chapter 270, Article II, Section 270 -3 entitled "Block parties, parades and
processions" of the revised Ordinances of the City of Beverly by deleting this section and
adding the following new Section 270 -3 to be entitled henceforth Parades, Demonstrations,
Block Parties, Road Races and Walk -a- thons:
§ 270 -3 Parades, Demonstrations, Block Parties, Road Races and Walk -a- thons.
Any event or activity, including but not limited to, a parade, demonstration, block party, rally,
road race, or walk -a -thon, or similar event that is expected to and /or may impede or interfere
with pedestrian sidewalk traffic, vehicular traffic, or cause pedestrian overflow from the
sidewalk into the public street, or require road closures, shall not occupy, be held or proceed
upon any sidewalk or public street except in accordance with a permit approved by the Chief of
Police or the Police Chief's designee.
Permit applications shall be made available through the appropriate City department and shall be
completed and submitted to the Chief of Police or the Chief's designee.
The City may charge for the actual costs of any such parade, demonstration, block party, rally,
road race, or walk -a -thon, or similar event, including but not limited to the costs of processing
permits, clean -up costs, and /or traffic control, and also may impose narrow insurance
requirements.
Be it further ordained by the City Council of the City of Beverly as follows:
By deleting Section 270 -4 of Chapter 270, Article II entitled "Road races, walk -a -thons and
marathons" in its entirety.
Referred to Legal Affairs
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LATE FILE - #027A
March 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I would like to request that I, along with the City's Finance Director Bryant Ayles be placed on
the Council's finance sub - committee agenda for an upcoming meeting. We would like to discuss
the city's financial policies and the efforts and progress to date to formalize them. If you could
schedule us for a discussion for the Monday of March 26t' or April 9t'', I would very much
appreciate it. Thank you in advance for your attention to this request.
Sincerely yours,
Michael P. Cahill
Mayor
Approved on the Floor — Vote: 8 -0.
Communications from other City Officers & Boards:
#047
Correspondence - Contributory Retirement Board — COLA Increase
Referred to Finance & Property
Council President entertained a Motion to Accept A LATE FILE from the
Beverly Regional Airport Commission —Approved - Vote: 8 -0
LATE FILE - #050
Correspondence - 6 MA -DOT Aeronautics Grants —Acceptance /Approval (Set a Public
Hearing)
Referred to Finance & Property to Set a Public Hearing
Public Hearings:
7:30 PM - #043 — Petition — National Grid Plan #25692757 - West Street
City Clerk reported that National Grid Representative had called to say that
their Engineer would not be able to attend the Public Hearing due to the Riley
Storm and the Company's restoration efforts. Council President entertained a
Motion to Recess the Public Hearing until the next Regular Council Meeting —
Monday, 19 March 2018 @ 8:00 PM. Approved — Vote: 8 -0.
7:40 PM - #044 — Loan Authorization Approval — Pete's Park Accessibility Project
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Public Hearing held & closed — Council President entertained a Motion to
Approve the Request on the Floor. Approved — Vote: 7 -0 -1 (Councilor Frates had
recused himself from the Public Hearing, and the Vote).
Communications, Applications & Petitions: None
Unfinished Business: None
Reports of Committees:
#050
The Committee on Finance & Property, to whom was referred the matter of Communication — Beverly
Regional Airport Commission, for Acceptance /Approval of 6 MA -DOT Aeronautics Grants, 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, 19 March 2018
at 8:05 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to 6 MA -DOT
Aeronautics Grants —Acceptance /Approval.
Order read once and adopted — Vote: 8 -0
Motions and Orders: None
Meeting Adjourned: 7:38 PM Attest: D. Wesley Slate, Jr.
City Clerk
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