Minutes - Monday 5 November 2018Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 5 November 2018 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber
Called to Order @ 7:05 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. Barbara O'Connell, Sister of Assistant Superintendent of Schools Dr. Sue Charochak
2. Nelson Benton, "Mr. Salem News"
Presentations, Awards and Memorials:
1. Kurt T Steinberg, President, Montserrat College of Art
Comments by Citizens (subject to the conditions contained in Appendix
A to the "Rules and Orders of City Council "): 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
Resolutions: None
Acceptance of Minutes of Previous Meetings:
1. Monday, 15 October 2018 — Regular Meeting
Vote to Approve: 8 -0
Communications from His Honor the Mayor:
#210
November 1, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
.•
Dear Honorable City Council:
In preparation for the annual Tax Recapitulation process, I respectfully request that you approve
a series of budgetary adjustments as noted in the attached schedule. When Beverly's operating
budget was approved by the City Council this past June, preliminary figures had to be used in the
areas of state aid and state assessments. A majority of these proposed adjustments are necessary
to properly reflect the final state aid and assessment figures for FY2019. A major component of
these state aid adjustments is the final Chapter 70 state aid which was passed by the State
Legislature at a level higher than originally carried in my FY19 budget proposal. As a result, I
request that the City Council approve an increase to the overall FY19 budget of $160,351. This
will allow the City to increase the level of funds appropriated to the School district for FY19. In
addition to this appropriation request, I have included some intradepartmental and other revenue
estimate adjustments which will provide sufficient funds to increase the Public Property budget
by $125,000. This increase is necessary do to the work being performed on our public land
related to both solar development and safety consultation.
As this request contains an appropriation of $160,351 and a series of intradepartmental [sic]
budget transfers, it will require a public hearing be held and proper notification be given prior to
any final action taken by the City Council. Please initiate action on this matter at your next City
Council meeting, November 5th, 2018. Thank you.
Sincerely yours,
Michael P Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
#217
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I respectfully request your approval for funding for security and communication enhancements
within our school buildings. I am requesting a total funding package of $3,750,000, of which
..
$475,000 is proposed to be raised and appropriated within the FY19 budget and the remaining
$3,275,000 is proposed to be transferred from the City's Free Cash Reserve. This appropriation
request requires a public hearing be set prior to any final city council action on the order. Could
you please set a public hearing for this request at your upcoming City Council meeting on
November 5 2018.
Sincerely yours,
Michael P. Cahill,
Mayor
Referred to Finance & Property to Set a Public Hearing
#218
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly has been awarded a $12,500 grant from the
Massachusetts Department of Energy Resources (DOER) Municipal Energy Technical
Assistance Grant Program. This grant will allow the city to hire a consultant to complete a
heating system conversion engineering study and bid specifications to replace the current boiler
in the Beverly Department of Public Services building with a clean burning efficient biomass
heating system.
Massachusetts General Law Chapter 44 Section 53Arequires both City Council and Mayoral
approval before any grant or gifts to the city can be expended for their prescribed purpose. I
therefore request the City Council approve this grant by taking action on this matter at your
upcoming meeting on November 5, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#219
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly has been awarded a $56,000 grant from the
Massachusetts Department of Transportation Community Transit Grant Program. This grant will
allow the city to purchase a new Type D 16 passenger minibus design vehicle for the Senior
Center's transportation program. The new vehicle will replace an older vehicle and provide safe,
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reliable transportation for senior citizens. The match for this grant is 20% which equals $14,000
and will require an appropriation from the Senior Citizen Enterprise Fund balance.
Massachusetts General Law Chapter 44 Section 53Arequires both City Council and Mayoral
approval before any grant or gifts to the city can be expended for their prescribed purpose. I
therefore request the City Council approve this grant by taking action on this matter at your
upcoming meeting on November 5, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property to Set a Public Hearing
#220
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly has been awarded a $150,000 grant from the
Massachusetts Department of Housing and Community Development's Housing Choice Capital
Grants Program. This grant will be used to conduct feasibility, design, and engineering to
transform the Beverly Depot train station and the adjacent area into a multi -modal mobility hub.
Mobility hubs are characterized by having infrastructure and access to alternative transportation
modes such as bicycle and car sharing services, improved pedestrian and bicycle access, and
enhanced connections among all uses including transit options like bus and commuter rail
service. Mobility hubs combine improved infrastructure with information kiosks and technology
to improve understanding transportation options at the hub and the region it serve. This work will
help Beverly identify the necessary infrastructure improvements, services, and place making to
upgrade the Beverly Depot area into a true multi -modal transportation hub for the City and the
region. A redesign of the Beverly Depot train station area will improve pedestrian access for all
users and will provide full ADA (Americans with Disabilities Act) accessibility.
Massachusetts General Law Chapter 44 Section 53Arequires both City Council and Mayoral
approval before any grant or gifts to the city can be expended for their prescribed purpose. I
therefore request the City Council approve this grant by taking action on this matter at your
upcoming meeting on November 5, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
201
#221
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly, through a generous bequest from the Myrtle
I. Sillen Revocable Trust, has received a distribution of $50,000 to be directed to the Myrtle I.
Hickey Endowment Fund, a trust fund which supports Beverly's Libraries. With your approval,
this donation will be deposited as prescribed and expended pursuant to the restrictions of the
noted trust fund.
Massachusetts General Law Chapter 44 Section 53Arequires both City Council and Mayoral
approval before any grant or gifts to the city can be expended for their prescribed purpose. I
therefore request the City Council approve this grant by taking action on this matter at your
upcoming meeting on November 5, 2018. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
cc: Catherine Barrett, Grants
Anna Langstaff, Library
Referred to Finance & Property
#222
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby appoint subject to your review and recommendation Mr. Troy C. Santarlasci, 1170
County Street, Attleboro, MA 02703 to serve as Constable in the City of Beverly for the express
purpose of serving Civil Process.
Attached is Mr. Santarlasci's application, which has been approved by Police Chief John
LeLacheur.
Mr. Santarlasci's term will be effective until November 1, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
202
#223
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby appoint subject to your review and recommendation Mr. Victor Horton, 101 Marvin
Avenue, Franklin, MA 02038 to serve as Constable in the City of Beverly for the express
purpose of serving Civil Process.
Attached is Mr. Horton's application, which has been approved by Police Chief John LeLacheur.
Mr. Horton's term will be effective until November 1, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
#224
November 5, 2018
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby appoint subject to your review and recommendation Mr. Ahmed Fred Kenahy, 57
Madison Street, Revere, MA 02151 to serve as Constable in the City of Beverly for the express
purpose of serving Civil Process.
Attached is Mr. Kenahy's application, which has been approved by Police Chief John LeLacheur.
Mr. Kenahy's term will be effective until November 1, 2021.
Sincerely yours,
Michael P. Cahill
Mayor
MPC /mal
Attachment
Referred to Legal Affairs
Communications from other City Officers & Boards:
203
#225
Communication — Council V. P. Frates — Amended Ordinance — Ch. 270 -45 — 15- Minute
Parking — Webster AV E from Haskell ST 150'N
Referred to Legal Affairs
#226
Communication — Council V. P. Frates — Amended Ordinance — Ch. 270 -49C —
Handicapped Sign — 52 Middlebury LN
Referred to Legal Affairs
#227
Communication — Council V. P. Frates — Amended Ordinance — Ch. 270 -49C —
Handicapped Sign — Emerson Circle
Referred to Legal Affairs
#228
Communication — Chair, Planning Board — Recommendation — Street Acceptance:
OSRD Site Plan Application #05 -14 & Definitive Subdivision — 44 & 52 Standley ST
(n /k/a Emily Way) — RC Realty Trust
Referred to Public Services
#229
Communication — Chair, Planning Board — Recommendation — Street Acceptance:
OSRD Site Plan Application #07 -15 and Definitive Subdivision — 50 and 54 Boyles
Street (n /k/a Village Lane) Cove Village LLC
Referred to Public Services
#230
Communication — Treasurer / Finance Director — Request Authorization for the
Establishment of 2 Separate Revolving Funds for the schools — SPED Tuition Payments
for Nonresidents & International students & their Tuition
Referred to Finance & Property
#231
204
Communication — Planning & Community Development Director — Amended Ordinance
— Ch. 270 -41 "Parking prohibited at all times" — County Way & Bridge Street
Referred to Legal Affairs
Communications, Applications & Petitions
#232
Communication — MA Department of Environmental Protection — Issuance of Ch. 91
Waterways License No. 14739 — Beverly National Grid Operations Center, 44 -46 River
ST, Bass River, Beverly, Essex County
Received and Placed on File — Vote: 8 -0
#233
Petition — New Cingular Wireless PCS, LLC ( "at &t ") for Grant of Location for
Telecommunication Wires & Wireless Attachments and Appurtenances: Project:
Area6 BevA: Location: 22 Nursery ST, Beverly, MA 01915; 42.570528 N — 71.898648
W, Utility Pole #5292
Referred to Public Services to Set a Public Hearin
#234
Communication — Historic Beverly to the City Clerk — Donation of Perfection Votemeter
Received and Placed on File — Vote: 8 -0
#235
Communication — MA Public Employee Retirement Administration Commission
( "PERAC ") — Appropriation for Fiscal Year 2020
Received and Placed on File — Vote: 8 -0
Council President entertained a Motion to Accent a LATE FILE from the MA
State Lottery Commission — Approved - Vote: 8 -0
LATE FILE - #236
Communication — MA State Lottery Commission — Application for a Keno License — E J
Cabots, 282 Cabot ST
Received and Placed on File — Vote: 8 -0
Public Hearings:
205
1. 7:30 PM - #215 – Petition – National Grid Plan #26988429 – 31 Ocean ST
Public Hearing held – National Grid Representative described the Plan and was
questioned by Councilor Rand. No members of the public signed up to speak.
Council President declared the Public Hearing closed, and the Petition was
referred back to Public Services
2. 7:35 PM -#201A– Petition– National Grid Plan #26044803– Rantoul
&Wallis Streets
Public Hearing held – National Grid Representative described the Plan and was
questioned by Councilor Rand. No members of the public signed up to speak.
Council President declared the Public Hearing closed, and the Petition was
referred back to Public Services
Reports of Committees
#205
The Committee on Finance & Property to whom was referred the matter of Communication — Community
Preservation Committee — FY2019 Proposed Community Preservation Act Budget, 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
#210
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor —
Budgetary Adjustments for the Annual Tax Recapitulation Process, 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 November
2018 @ 7:35 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
Mayor's Request for Budgetary Adjustments for the Annual Tax Recapitulation Process.
Order read once and adopted — Vote: 8 -0
#217
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Funding
for Security and Communication Enhancements — Beverly Public Schools, 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 November
2018 @ 7:45 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
Mayor's Request That the City raise and appropriate the sum of Four Hundred Seventy Five Thousand
dollars ($475,000) AND transfer the sum of Three Million Two Hundred Seventy Five Thousand dollars
($3,275,000) from the city's free cash reserve balance to pay the costs associated with security and
communication improvements to school buildings and grounds. The funds totaling Three Million Seven
Hundred Fifty Thousand dollars ($3,750,000) shall be transferred to a capital project fund for expenditure.
Any unused funds at the conclusion of the project shall be returned to the general fund without further City
Council action.
Order read once and adopted — Vote: 8 -0
206
#218
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor —
Acceptance of Grant — MA- Department of Environmental Resources - $12,500 — Department of Public
Services Boiler Replacement — Clean Burning Efficient Biomass Heating System, 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
#219
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor —
Acceptance of Grant — MA- Department of Transportation Community Transit Grant Program - $56,000 — Senior
Center Type D 16 Passenger Minibus, 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 November
2018 @ 7:25 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to the
Mayor's Request That the City purchase a new Type D 16 passenger minibus design vehicle for the
Senior Center's transportation program.
Order read once and adopted — Vote: 8 -0
#220
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor —
Acceptance of Grant - $150,000 — MA Department of Housing & Community Development Choice Capital
Grants Program for the Beverly Depot area, 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
#221
The Committee on Finance & Property to whom was referred the matter of Communication — Mayor— Bequest
- $50,000 — Myrtle I. Sillen Revocable Trust for the Beverly Libraries, 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
207
#230
The Committee on Finance & Property to whom was referred the matter of Communication — Treasurer /
Finance Director— Request Authorization for the Establishment of 2 Separate Revolving Funds for the schools
— Special Education Tuition Payments for Nonresidents, and International Students and their Tuition, 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 does hereby adopt MGL Chapter 71, Section 71 F. In
any city of town which accepts this section, all monies received by the school committee as tuition payments
for nonresident students and as state reimbursements for students who are foster care children shall be
deposited with the treasurer of the town or city and held as separate accounts. The receipts held in such a
separate account may be expended by said school committee without further appropriation for expenses
incurred in providing education for such nonresident students or for such students who are foster care
children, notwithstanding the provisions of section fifty -three of chapter forty -four. A city or town may
appropriate funds for expenses incurred in providing education for such nonresident students or for such
students who are foster care children, which funds shall be expended by the school committee in addition to
funds provided from other sources.
Order read once and adopted — Vote: 8 -0
#127
The Committee on Legal Affairs to whom was referred the matter of Communication — City Clerk —
Permits — 2018 — 2019 — Sandwich Board Signs, 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
#225
The Committee on Legal Affairs to whom was referred the matter of Communication — Council Vice
President Frates —Amended Ordinance — Ch. 270 -45 — 15- Minute Parking — Webster Avenue East from
Haskell Street 150' North, 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 eighteen,
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Article VI. "Stopping, Standing & Parking Restrictions ", Section 270-
45 "Fifteen- minute parking ",
Amending Section 270 -45 as follows:
DELETE: Webster Avenue East From Haskell Street 150 Feet North.
First Reading: Monday, 5 November 2018
Second Reading: 19 November 2018
Final Passage: Monday, 3 December 2018
Order read once and adopted — Vote: 8 -0
I
Public Hearings (continued):
3. 8:00 PM - #213 —Joint Public Hearing with the Planning Board —Amendment to the
Beverly Zoning Ordinance Establishing Land Use Categories & Regulations for
Marijuana Establishments
Public Hearing held. Planning and Community Development Director Aaron
Clausen gave a long, detailed presentation of the Planning Board's
recommendations for Amendments to the Zoning Ordinance, after which Council
President asked for Councilors who wished to, to ask questions. Following that,
Planning Board Chair Ellen Hutchinson asked for Members of the Planning Board
who wished to, to ask questions. Following that, Council President asked for
members of the Public who wished to, to ask questions, following the order in
which they had signed up - many did so (Sign Up Sheet filed with Council Order.
After all questions had been asked and answered by the Planning Director and /
or the City Solicitor, Council President declared the Public Hearing to be closed,
and referred the matter back to Legal Affairs.
Reports of Committees (continued):
#226
The Committee on Legal Affairs to whom was referred the matter of Communication — Council Vice
President Frates — Amended Ordinance — Ch. 270 -49c TO ADD A Handicapped Sign at 52 Middlebury
Lane, 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 eighteen,
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49C as follows:
ADD: Middlebury Lane at approximately 52 Middlebury Lane.
First Reading: Monday, 5 November 2018
Second Reading: Monday, 19 November 2018
Final Passage: Monday, 3 December 2018
Order read once and adopted — Vote: 8 -0
#227
The Committee on Legal Affairs to whom was referred the matter of Communication — Council Vice
President Frates — Amended Ordinance — Ch. 270 -49c TO ADD A Handicapped Sign at Emerson Circle,
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 eighteen,
An Ordinance amending an Ordinance relative to:
Chapter 270: "Vehicles and Traffic ", Section 270 -49 "Off- street parking; handicapped parking ",
Amending Section 270 -49C as follows:
ADD: Emerson Circle
First Reading: Monday, 5 November 2018
Second Reading: Monday, 19 November 2018
Final Passage: Monday, 3 December 2018
Order read once and adopted — Vote: 8 -0
KO
#201A
The Committee on Public Services to whom was referred the matter of Petition — National Grid — Plan
#26044803 - Rantoul & Wallis 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: 8 -0
#215
The Committee on Public Services to whom was referred the matter of Petition — National Grid — Plan
#26988429 — 31 Ocean 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: 8 -0
#228
The Committee on Public Services to whom was referred the matter of Communication — Chair, Planning
Board — Recommendation — Street Acceptance: OSRD Site Plan Application #05 -14 & Definitive
Subdivision — 44 & 52 Standley Street (a /k/a Emily Way), 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
#233
The Committee on Public Services to whom was referred the matter of Petition — New Cingular Wireless
PCS, LLC ( "at &t ") — Grant of Location for Telecommunication Wires & Wireless Attachments and
Appurtenances — Project: Area6_BevA: Location: 22 Nursery Street, Beverly, MA 01915; 42.570528 N —
71.898648 W, Utility Pole #5292 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 November
2018 @ 7:30 PM at City Hall, 191 Cabot Street, 3rd Floor, Council Chamber, Beverly, MA relative to a
Petition — New Cingular Wireless PCS, LLC ( "at &t ") - Grant of Location for Telecommunication Wires &
Wireless Attachments
And Appurtenances — Project: Area6_BevA: Location: 22 Nursery ST, Beverly, MA 01915; 42.570528 N —
71.898648 W, Utility Pole #5292
Order read once and adopted — Vote: 8 -0
Unfinished Business: None
Motions and Orders: None
Meeting Adjourned: 10:10 PM Attest: D. Wesley Slate, Jr.
City Clerk
210
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