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City Council Minutes 05-18-2020Regular Meeting — Beverly City Council, Beverly, MA MINUTES — Monday, May 18, 2020 @ 7:00 PM Remote Meeting on Google Meet/Hangout Called to Order @ 7:00 PM Confirming Member Access: Council President: As a preliminary matter, this is Paul Guanci, President of the Beverly City Council. Before beginning the meeting, I would like to announce that this meeting is being recorded by the City of Beverly and livestreamed by BevCam on both Channel 99 and via BevCam's YouTube channel. I am confirming that all members and persons anticipated on the agenda are present and can hear me. • Members, when I call your name, please respond "Here" • Staff, when I call your name, please respond "Here" • Anticipated speakers on the agenda, please respond "Here" Introduction to Remote Meeting: Good evening. This Open Meeting of the Beverly City Council is being conducted remotely, consistent with Governor Baker's Executive order of March 12, 2020, due to the current State of Emergency in the Commonwealth due to the outbreak of COVID -19. In order to mitigate the transmission of the virus, we have been advised and directed by the Commonwealth to suspend public gatherings, and as such, the Governor's Order suspended the requirement of Open Meeting Law to have all meetings in a publicly accessible physical location. Further, all members of public bodies are allowed and encouraged to participate remotely. The Order allows public bodies to meet entirely remotely so long as adequate alternative public access is afforded so that the public can follow along with the deliberations of the meeting. Ensuring public access does not ensure public participation unless such participation is required by law. This meeting may feature public comment. For this meeting, the City Council is convening by telephone and video conference via Google Hangouts as posted on the City's website identifying how the public may join. Please note that this meeting is being recorded and televised live, and that some attendees are participating by video conference. Accordingly, please be aware that other participants or viewers may be able to see and hear you, and anything that you broadcast may be captured by the recording. You have the option to turn off your video if you are participating via computer. All participants should keep their microphones or phones muted unless recognized me to reduce background noise and feedback. Please wait until the person speaking has finished before speaking so we can clearly hear all participants. In addition because of the remote meeting I am going to read Rule 22 of the Rules and Regulations of the Beverly City Council: Rule 22. All Sub - Committees of the Council shall cause records to be kept of their proceedings. They shall report by Ordinance, Order or Resolve, unless otherwise provided by law. No Sub - committee shall act by separate consultation and no report of as a body shall be received unless agreed in Sub - Committee actually notified and assembled for the purpose in hand, and signed by a majority of the Councilors of the sub - Committee. Every Subcommittee to which any subject may be referred, shall report thereon as soon as possible after full consideration therof and a vote thereon; However if the Council may, by majority vote order any matter pending before subcommittee to be acted upon the Sub - Committee at its next Meeting and /or to be forthwith returned to full council. (Take a roll call vote now to agree to vote committee work back to the full council so you can vote on the floor tonight) Meeting Ground Rules for Public Hearings • 1 will introduce each speaker on the agenda. After they conclude their remarks, I will invite the Council to provide any comment, questions, or motions. • Please remember to mute your phone or computer when you are not speaking. • You may mute yourself or be muted by the meeting host by clicking the microphone mute /unmute icon, pressing the mute button on your telephone, or by pressing *6 on your telephone keypad. • Please reserve the Chat function for technical difficulties and strictly the City Council not for public comment. • Please remember to speak clearly and in a way that helps generate accurate minutes. • For any response, please state your name and affiliation before speaking. • Regarding public comment: o After members have spoken, I will afford public comment as follows: ■ 1 will first ask members of the public who wish to speak to identify their names and addresses only; ■ Once I have a list of all public commentators, 1 will call on each by name and afford 3 minutes for any comments. • Finally, each vote taken in this meeting will be conducted by a roll call vote. Meeting called to order at 7:OOPM Roll Call: Stacy M. Ames, Kathleen M. Feldman, Timothy P. Flaherty, Julie R. Flowers, John P. Frates Jr., Scott D. Houseman, Todd C. Rotondo, Estelle M. Rand, Paul M. Guanci W Also Present, Finance Director Bryant Ayles, Commissioner Michael Collins, Planning Director Darlene Wynne, Budget Analyst Gerard Perry, Mr. James Dawson, And Ms. Marilyn McCrory, Chair of the CPC. Pledge of Allegiance to the Flag: Councilor Houseman Moment of Silence: Resolutions: None Presentations, Awards & Memorials: 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). 7:15PM- Guanci- Motion to open up the public hearing for Order # 104 Roll Call Vote A 9 -0 Legal Notice - #2020 4104 City of Beverly Ordered That the City Council of the City of Beverly hold a Public Hearing on Monday, May 18, 2020 @ 7:30PM, Remote on Google Meet live stream on BevCam relative to the Order that the City appropriates an additional sum of One Million Four Hundred Thousand Dollars ($1400,000) to pay costs o1' cleaning, CCTV inspection, and cement lining of approximately six - thousand eight hundred and fifty (6,850) linear feet o I' 12 inch cast iron water main and the relaying and renewing one - thousand and fifty (1,050) linear feet of 6/8 -inch cast iron water main, including furnishing and installing all valves, hydrants, fittings, couplings and pavement, including the payment of all 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. C. 44, $7(1) or any other enabling authority and that the Mayor is authorized to take any other action necessary , carry out this project. Any premium rcccIN c<I by the City upon the sale of any bonds or notes approved by this order less any such premium applied to the payment ( 'the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this order in accordance with M.G.L. c. 44, $20 thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Attest: Lisa E. Kent City Clerk As per order of the City Council Public Hearings: ##104- 7:15PM —Loan Authorization) .4 Million for ongoing water main work around the downtown. Collins: This project received a grant last year for redevelopment Cabot Street Corridor, This project makes sense do to while we are digging things up. We found a lot of problems when we started this project and now we are aware of them all and working on them, I feel that there will be no new surprises. But we are asking for addition money 1.4 Million, as are cleaning up so much. The hydrants will all be new, all iron services will be replaced, We will have better control of the water, better flow for the fire department, we will have better working water, better pipes just a project well worth doing. Rotondo -Do you have an idea when this project will be done? Do you think there will be extra money needed? Collins -We do not like to go back and get money so we are very confident we know the project and have enough money with this loan to put it back together. We have about 4 weeks left, we will start to pick up the mess in 2 weeks or so we are now starting to put things back together. So I would say we should be finished in a month from today. We are exploring the idea of grinding and overlay section. Postponing the work till a later date when it is not a nice out, maybe September when hopefully the kids are back at school, less foot traffic. Feldman: This is self - contained within the Enterprise fund? A loan within that fund? Ayles: The Enterprise fund itself is a self - contained unit. When we authorize projects to support those projects the debt services get paid by through the operating budgets through the enterprise funds. Feldman: We won't be foreseeing the operating expense and billing be raised? Ayles: We try to manage water and sewerage together so they buffer each other and even each other out. So we won't see a request at least in FY21. Ames: I understand that grinding and overlay would help the downtown businesses, as last year they did have construction to deal with as well. Do you think the grinding and overlay would be quicker? Are we thinking a month? Collins: The grinding and overlay would be a 2 week process, not every day all day but about two weeks, to go the other way is would be a month again not all day Ames: The first loan and this 1.4 Million dollar loan. Will you be asking for anymore? Is this just for the water project? Was the 2.3 Million dollar loan also for this project? Collins: Yes that loan was for this project as well. The Streets are totally separate and we got a Grant for that project and state funding as well. 2 Ames: This question is for Mr. Ayles, How did we come to this funding for this project? The cash exists in the enterprise fund, I am trying to understand it better. Ayles: Why we requested the loan order? Ames: Yes Ayles: When we request a loan order we take a look at the time frames. We try to layer projects that will make their way to the council to be funded. We try to stagger and layer the projects, so that we can keep a steady rate for the users. We do have a fiend balance, but how we use that balance is we infuse it in to the operating budget that will be going to council for approval. We have been doing this for past 2 years and it keeps the rates level. Guanci: Motion to recess this public hearing until 8:OOPM. Motion and 2" Roll call vote approved 9 -0 Recess Public hearing until 8:OOPM Guanci- Motion to open up the public hearing for Order # 103. Roll call vote A 9 -0 Legal Notice - #2020 -103 City of Beverly ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, May 18, 2020 @ 7:30PM, Remote on Google Meet live stream on BevCam relative to the Community Preservation Committee 7 th Round CPA Project funding Recommendations -Phase 1 Attest: Lisa E. Kent City Clerk As per order of the City Council R7 -5- Flaherty- What category is this coming from? McCrory -This is from the Community Housing Fund General Reserve. R7 -6- Rand -I would like to thank you and Ward 2 Civic Center for all the effort that has been put in to this project. Ames- The other two grants are funding 50 percent and it seems this one is closer to 100 percent. Why is that? McCrory -Ward 2 Civic Center doesn't have as much funding as the other two do, so they need more and they get more. R7 -4- Rotondo -I give this project 100 percent support, it is a great thing for the downtown businesses. Flaherty -I echo with Councilor Rotondo, this project is wonderful and well worth 5 the money. Houseman -I fully support this as well. Frates -I received many calls from many people this week about this. Very excited About this project. Cabot does wonderful things for the city. Dawson -I am in favor and excited. We have put in new seats and new Hvac system, now it time get a new lobby. Guanci -I have been on Cabot Street for 35 years and everyone benefits from The Cabot Theater. It is a great addition to the downtown. Guanci- Motion to vote on Projects. Roll call A 9 -0 Roll call vote for each proposed project City Clerk read Project # R7 -5 Roll call vote approved 9 -0 City Clerk read Project # R7 -6 Roll call vote approved 9 -0 City Clerk read Project # R74 Roll call vote Approved 9 -0 Guanci: Need a Motion to close this public hearing. Motion and 2nd Roll call vote A 9 -0 Public hearing Held, Closed and approved on the floor Roll call Vote 9 -0 Guanci: Motion to reconvene Public hearing for order #104 Roll Call Vote A 9 -0 Perry: My recommendation is to approve this Loan tonight. Guanci -Need a Motion to approve. Motion, second, Voted on the floor Roll call vote A 9 -0 Public hearing Held, Closed and approved on the floor Roll call Vote 9 -0 Acceptance of Minutes of Previous Meeting: Regular Meeting — April 27, 2020- Roll Call Vote Approved 9 -0 Communications from His Honor the Mayor: #105 May 13, 2020 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully request that you approve a budgetary transfer which will allow the City to pay 2 down some existing debt. You may recall, when my administration presented the finance plan for the Police Station, there were future actions that would be required to both reduce the total amount to be borrowed and to create capacity in the city's debt budget to absorb the future police station debt payments. This transfer was presented as part of the plan at that time. We are seeking to transfer $567,000 from the long term interest expense budget (17518/59105) into the short term principal budget (17519/59106), both areas are within the debt section of the operating budget. This transfer will allow the city to then pay down an existing loan authorization for the parking kiosk project with a fund transfer into that project fund. The avoidance of borrowing for the kiosk project will create near term capacity in the City's debt budget to begin layering in debt associated with the police station. Please initiate action at your next City Council meeting by setting a public hearing. Thank you. Sincerely yours, Michael P Cahill Mayor Motion to set a public hearing for June 1, 2020 at 7:15 PM Roll call Vote on the floor A 9 -0 ., . 1. May 14, 2020 The Honorable City Council Beverly City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly has been awarded a $6,000 grant from the Executive Office of Public Safety &amp; Security (EOPSS) Office of Grants &amp; Research (OGR) to support the Pedestrian and Bicyclist Safety Grant Program during fiscal year 2020. Funding was made possible by the National Highway Traffic Safety Administration (NHTSA). This grant supports the Beverly Police Department's pedestrian and bicycle safety program efforts. Massachusetts General Law Chapter 44 Section 53A requires both City Council and Mayoral approval before any grant, earmark, donation or gift 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. Thank you. Sincerely yours, Michael P. Cahill Mayor cc: Catherine Barrett, Director of Grants Police Chief John LeLacheur Sgt. Michael Henebury Motion to approve Order #106 Roll call vote on the floor A 8 -0 (Feldman didn't vote lost connection) Guanci: I Need a Motion to accept a late file. Motion Second Roll call vote A 9 -0 LATE FILE: Order #99A May 18, 2020 Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: Mass. Gen. Laws Ann. ch. 41, § 19I Dear Honorable Council: It is my understanding that you seek to appoint the City Clerk, Lisa Kent, to act as the Clerk of City Council Committees for which she would receive a stipend. Mass. Gen. Laws ch. 41, § 9I provides that, notwithstanding the conflict of interest law, a city clerk who also serves in any other position for such city may in addition to any compensation to which she may be entitled as such city clerk receive such additional compensation for such additional services as the mayor and city council may provide. In response to your request, I am providing this letter is to inform you that, in light of the fact that there is not currently an Assistant Clerk, I am supportive of your decision to have the City Clerk perform that function. Sincerely yours, /s/ Michael P. Cahill Michael P. Cahill Mayor Guanci- I need a Motion to Receive and Place on file Voted on the floor roll call vote A 9 -0 Communications, from other City Officers and Boards: Guanci: I need a Motion to accept a late file from Planning Director Darlene Wynne Motion Second Voted on the floor roll call vote A 9 -0 LATE FILE #107A May 18, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: CITY COUNCIL ORDER #2020 -107: ACCEPTANCE OF OPEN SPACE — OSRD SITE PLAN #08 -15 — SUNNYCREST CIRCLE — PD BUILDING, LLC Dear Honorable Council: In March 2016, the Planning Board approved an Open Space Residential Design (OSRD) Site Plan and Definitive Subdivision Plan for a 7 -lot subdivision (6 new) at 11 -15 Sunnycrest Avenue (now known as Sunnycrest Circle). This plan was approved under Section 300 -54 of the Zoning Ordinance, which requires that a minimum of 50% of the buildable land area be set aside as open space that will be perpetually preserved in an open or natural state. In accordance with Section 300- 54H(2), the Board's decision included a condition that a 3.29 acre parcel (Map /Lot 17 -137) of open space would be conveyed to the City, acting by and through the Beverly Parks & Recreation Department. The Planning Department supports the acquisition by the City of this 3.2 -acre parcel for the primary purpose of preserving natural areas within a densely settled community. Final acceptance of the land on behalf of the City is the purview of the City Council. Accordingly, the applicant submitted its request to the City Council, including a draft deed. Planning staff reviewed and photographed the development site before construction in May 2016, in January 2017 when an initial request for conveyance was made, and again on May 16, 2020 (Photos here for reference). In 2017 the conveyance was tabled due to the identification of encroachments on the subject parcel by neighboring properties onto the proposed open space. Therefore, we instructed the applicant that he must resolve the encroachments and clean the site prior to conveyance. The applicant has made efforts to remove these encroachments, including play equipment, lawn furniture, a set of stairs, and a boat. Additionally, land that had previously been maintained as lawn is being left to return to a natural state. There remains some small amounts of trash or debris within the site, such as bottles or cans. There are two areas where action is ongoing or may still be needed: City Council Order 2020 -107 May 18, 2020 Page 2 1. The owner of 7R Netherton, an abutter to the open space parcel who moved in after 2017, had performed work on the subject property including in a wetland resource area. The Conservation Commission issued an enforcement order and the landowner is working collaboratively with the Conservation Commission and the developer to remedy the issue. Fill /debris removal has occurred and restoration work including planting and loaming/seeding is expected to be done by June. Monitoring would occur for 2 years with reports sent to the Conservation Commission on plant survival and naturalization of the area. 2. There is a car that frequently parks on an edge of the parcel on Hayes Avenue. The developer has notified the property owner (17 Hayes Avenue). The Council could request that the developer formally put them on notice of trespass prior to the closing on the conveyance. L 3. The Council could ask the applicant to make one more sweep of trash and debris prior to the closing. Additionally, the City's procedures for the conveyance of open space require the applicant to demonstrate that there is no suspicion of environmental contamination on the site and that they are current on all taxes and fees owed to the City on all properties. During site visits and review of historic aerial photos, there was no evidence that activity has occurred on this wooded site to cause suspicion of environmental contamination or necessitate an Environmental Assessment. 4. According to the City Tax Collector, the owner of this property has an outstanding tax bill for FY20 Q4 on all properties owned in Beverly (including Sunnycrest Circle and Hickory Hill Way under development in Beverly Farms) and some have a small balance from Q3 as well. All outstanding taxes and fees should be paid prior to the closing. 5. Finally, as noted in the letter from Attorney Rossi, the developer agreed to pay an endowment of $5,000 to the City prior to closing for future maintenance, pursuant to the Planning Board OSRD Site Plan decision. I am hereby recommending that City Council approve the conveyance of this parcel, subject to the five conditions noted above related to replanting, trespass, trash and debris, tax payments, and the endowment. Respectfully, Darlene Wynne, AICP Director of Planning & Community Development Cc: Gary Patch, PD Building LLC Jonathan Rossi Esq., Morris, Rossi & Hayes City Solicitor File Wynne: I would like to have this attached to order #107 that relates to Morris Rossi and Hayes -Open Space at Sunnycrest Circle. Guanci -I need a motion to approve 107A letter to be filed with Order # 107- Motion, Second, Motion voted on the floor roll call A 9 -0 Communications, Applications and Petitions: #107 - Morris, Rossi, and Hayes -Open Space at Sunnycrest 10 Imxo>Rxa�. az®La1R4x ar xx_wlrmf�g ATTORNEYS AT LAW 32 CHESTNUT STREET ANDOVER. MASSAO. USETTS 01010 R. TELEPHONE (c]O)A]E -.Soo .= �_i+j� IAI �H ANOOVEn9 Os]o E.Mnll. MR ®VERI2CN.NET � rCi� O ��m Aloe oamlaed In NH �. p� O � r VT o April 22, 2020 'rho Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 RE: Open Space Conveyance at Sunnycrest Circle, Beverly, MA Dear Honorable Council: You may be aware that when the Planning Board approved the Open, Space Residential Development ( "OSRD) Site Plan at 11 -15 Sunnycrest Avenue (Sunnycrest Circlo) in March, 2016, it was done so with the condition that a parcel of open space (Lot 8 — Open Space) be conveyed to the City, acting by and through its Parka and Recreation Department. Said Lot 8 contains 143,497 square feet of land (see attached plan) to be added to the City's open space and recreation inventory. The Developer, PD Building, LLC, is required to transfer this Lot to the City prior to the transfer of any new Lots developed on the site. The Board's decision also required the developer install pernUlnent signRge at regular intervals marking the open space boundaries. Said signago will clearly describe the land's protection status and public access rights. Additionally, thR developer has offered a $5,000.00 endowment with the open space transfer, which will be provided upon approval for the Deed of Lot 8 to the City. My attorneys, the Law Office of Morris, Rossi attd Hayes, have drafted the attached Quitclaim Deed for review and approval. I hereby respectfully request the City Council approve of the conveyance of Lot 8 — Open Space, located at Sunnycrest Circle Guanci -Need a motion to approve Order #107 Motion, Second Voted on the floor by roll call A -9 -0 F Application for Renewal 211d hand Junk Dealer License -Game Stop Inc., 43 Dodge Street Guanci -Need a motion to approve Order #108 Motion, Second. Voted on the floor by roll call vote A 9 -0 #109 National Grid Petition for Plan # 29735796 Williams Street Guanci -Need a motion to set a public hearing for June 1, 2020 at 7:10 PM Motion, Second Voted on the floor by roll call vote. A 9 -0 #110 Glovsky — Application for a Special permit for Briscoe Village LLC Guanci: I need a motion to approve to set a public hearing on June 15, 2020 at 7:15 PM Motion, Second - Approved on floor roll call vote to schedule Public Hearing 8 -0 (Councilor Flowers recused herself from the vote) 11 I am also referring this matter to the Planning Board, to the Parking and Traffic Board and the Design Review Board #111- Application for a renewal of a Hawkers and Peddlers License - Steven Wright Guanci- Need a motion to approve the renewal with Police Chief approval on the application Motion, Second, Voted on the floor by Roll call Vote A 9 -0 #112- Application renewal for an Ice Cream Truck License - Steven Wright Guanci -Need a motion to approve renewal of an Ice Cream Truck License with Chief of Police approval. Motion, Second Voted on the floor a roll call vote A 9 -0 #113- Application renewal for Second hand Junk Dealer License, Beverly, Coin, Jewelry, records & Estate Appraisals. 457 Rantoul Street Guanci- Need a motion to approve on the renewal application Motion, Second, Voted on the floor by Roll call Vote A 9 -0 Reports from Committees Legal Affairs #099 -Re -elect Clerk of Committees - attached with Mayor Cahill's letter on May 18, 2020 Order # 099A. Guanci- Motion to approve the City Clerk Lisa Kent resume the Clerk of Committes position until an assistant City Clerk is hired. Voted on the floor, roll call vote A 9 -0 Motion to adjourn Meeting 8:49PM 12