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City Council Minutes 11-23-2020City of Beverly City Council Regular Meeting Public Meeting Minutes Monday, November 23, 2020 This meeting was conducted under the `Executive Order Suspending Certain Provisions of the Open Meeting Law G.L. c.30A, §20', signed on March 12, 2020. This remote meeting was held over Google Meet and live streamed by BevCam. Public access information for the hearings was provided on the meeting agenda. Paul Guanci, City Council President, called the meeting to order at 7:00pm over Google Meet. City Clerk, Lisa Kent, took the attendance by roll call. Members Present: Stacy Ames, Kathleen Feldman, Timothy Flaherty, Julie Flowers John Frates, Scott Houseman, Estelle Rand, Todd Rotondo, Paul Guanci Members Absent: None Houseman led the councilors in the pledge of allegiance. Guanci made a statement about the meeting being recorded by the City of Beverly and streamed by BevCam on channel 99 and BevCam's YouTube channel. He confirmed that all members present could hear him and noted the remote meeting format and process due to Covid -19. Guanci read Rule 22 of the Beverly City Council. He introduced a vote to allow items to be taken out of committee and voted on the floor. Kent took a roll call vote and the motion carried (9 -0). Guanci read the guidelines for hearings. Resolution Order #237 - Beverly's FEMA Response Team Feldman and Rotondo read the resolution. Mark Foster, Emergency Management Director, spoke to the order. Rotondo recognized Jim Hill as well for his role. Houseman motioned to approve. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Public Hearings 7:15PM -Order #232 - Petition - National Grid Plan #29408289 to install a centerline at the intersection of Bailey Ave and Fosters Point. Guanci opening the public hearing. Michael Byrne from National Grid explained the project. Houseman motioned to close the public hearing. Ames seconded. A roll call vote was taken, and the motion carried (9 -0). Houseman motioned to approve. Feldman seconded. A roll call vote was taken, and the motion carried (9 -0). Beverly City Council Meeting Minutes — November 23, 2020, page 1 of 8 Comments by Citizens Jenna Meyer spoke on a rat problem in the Beverly Cove neighborhood around Kimball Haskell Park and asked if the administration or Board of Health could address the issue because it is larger than a homeowners' issue at this point. Acceptance of Minutes of Previous Meetings: October 5, 2020, October 19, 2020, and November 9, 2020 Houseman moved to approve. Rotondo seconded. A roll call vote was taken, and the motion carried (9 -0). Communications from His Honor the Mayor Order #245- Grant - $61,750 District Incentive Grant for Covid -19 Response Funds Catherine Barrett, Director of Grants, stated this is a regional grant that was also received in April for about $37,000 for contact tracing and the Health Department. Houseman moved to approve. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Order #246 -Lease Three More Electric Charging Spaces at the Lower Pond St. Lot Mayor Michael Cahill spoke to the item saying it is a follow up from last month when four spaces were approved to lease. Rand stated she is hesitant to add more because she recently received inquiries in the Pond St. area asking if some of the public lot area could be used for residential parking. She stated it could be because more people are home due to the pandemic or it could be a more long -term issue. Cahill stated that what they had been seeing pre - Covid parking program. Largely the on- street parking between Cabot and Rantoul was designated as up to four hour parking for anyone and anyone who signed up for the downtown parking program. It's no charge to residents, and people can park 24 hours a day in those spaces if they are residents. We did not as a policy make the parking lots available for that same purpose because the lots, with the exception of that lower lot, get very regular use during the busiest times. Anyone can park in the lots from 8pm -8am free of charge. Rand stated it might be worth reviewing the overall parking patterns and policies in that area to see what the changes have been since the downtown parking program went into effect. Guanci stated the Council would have to come back to this item because it was time for the next public hearing. Public Hearings (Continued) 7:30PM -Order #231 -Chief Assessor, Peter Caron - Relative to the Allocation of Fiscal Year 2021 Tax Levy Percentages Peter Caron, Chief Assessor, spoke on the item and gave an overview of the process of setting the tax rate. He stated there are three elements that go into setting the tax rate. One is determining the tax levy. The tax levy is a function of adding up the costs of running the city for the year and deducting from those all the non - property tax sources of revenue. The balance that is left at that point is basically the tax levy; that is what we need from the taxpayers to operate city government at the level that's been determined for FY21. That limit is controlled by prop 2 %2. The levy limit for FY21 is just over $112,000,000. The actual levy will always be a little less Beverly City Council Meeting Minutes — November 23, 2020, page 2 of 8 than the levy limit because of rounding on the tax rates. It's important to note that prop 2 '/2 has no impact on individual tax bills; prop 2 '/2 only limits the total amount of taxes the city can collect each year from the taxpayers; how those taxes are allocated is a function of property values and of classification which the council will decide later tonight. It's important to realize that not all appropriations have been completed for FY 21, and it is anticipated that there will be a supplemental budget coming to the council next month. The second portion is property values. State law requires that the assessors assess all property it's full and fair cash value every year. The market value for this year is based on January 1, 2020. It's important to note that there is no allowance for Covid in the assessments for FY21 since the assessment date is January 1, 2020; there was no impact on property values at that time. Whatever impact Covid had on property values since the pandemic started will be reflected next year and in FY22 assessments. It is expected that residential property values will continue to go up. The final step in the process is the allocation of the tax levy. The city council with mayor's approval determines how the tax bill will be allocated between residential and commercial taxpayers. When you choose a commercial factor, you must vote for the corresponding residential factor. There are three exemption options that are available, two of which are moot at this point because there's a residential exemption and a small commercial exemption under the classification law; those decisions lie with the mayor. They can only be adopted if the mayor recommends, and the mayor has made no such recommendation, so the council has no authority or ability to vote one of those tonight. There is an open space exemption, which decision does reside with the council, however there are only one or two properties in the city that are classified as open space, and we would recommend not adopting a factor for open space. Once all these steps have been completed, the city would then submit all the documentation to the DOR for approval of the tax rate, and once that is approved, actual tax bills are then sent out to the taxpayers. Bryant Ayles, Finance Director, added that the vote this evening is how to allocate the tax burden between the residential and the commercial (called "the shift "). Regardless of what the tax levy ends up being, this vote is to determine what percentage of the total tax levy each sector will be burdened with this year. Gerry Perry, City Council Budget Analyst, stated he reviewed the documentation, and in his view Mr. Caron and Mr. Ayles traditionally have done a great job. He reiterated that the role of the council is to vote the shift tonight, not the tax rate, but in essence by voting the shift, it does kind of backfill into the rate itself. The goal of the administration and the mayor is to try to even off the taxes between the classes as best as they can. The tax shift that is recommended achieves that. He recommended approval of the proposal as submitted. Feldman asked for more information on the exemptions. Caron explained that for residential exemptions, if a percentage was recommended by the mayor and voted by the council, it would decrease the assessment of the property value by that percentage. It doesn't benefit everybody in a city like Beverly. It's really more for where you have a lot of non - owner - occupied properties or a lot of high -end properties. There is a small commercial exemption that very few communities in the state use. There is a level of inequity that results from the small commercial exemption. A pizza shop that owns the building, is the only tenant, and has less than 10 employees would qualify. However, a pizza shop that owns the building, has less than 10 employees, but has two tenants, with the second business in the building having more than 10 employees, would not qualify and would in fact have to pay more Beverly City Council Meeting Minutes — November 23, 2020, page 3 of 8 in taxes if the exemption was in place in order to offset the exemption given to the first pizza shop which qualified. It is well intended, but doesn't work the way people hoped it would, so not very many communities have adopted the small commercial exemption. There is only one property that qualifies for the open space exemption, and there is not really a reason to be offering an exemption for that property. If the property was given an exemption, then the other taxpayers would have to absorb the difference. Guanci noted that the one open space property is West Beach. Houseman asked to clarify what the nature of the vote the council needs to take to adopt the shift and the wording necessary for the motion. Caron noted the council would need to take to two votes. One on the classification factor and the other one to not adopt an open space exemption. There is no need to take a vote on the residential exemption or commercial exemption since the mayor did not recommend those. Rand thanked Mr. Caron and Mr. Perry for their time talking through the process with her. There was discussion on the supplemental appropriations and additional state money. Rand noted that this year is different because normally the state budget would have been finalized by now. Perry said in his almost 40 plus years of doing this, this is really unusual with the pandemic and the timing of the state budget. The supplemental appropriations and potential additional state money would probably not affect the shift or tax rate, and he reiterated his recommendation for approval. Flowers asked to confirm that what they do tonight with the shift will not lock the council into any decision regarding the supplemental appropriation. Ayles stated that was accurate. Flowers asked for clarification, noting that the number is slightly higher than last year, and asked if that was because residential properties were appreciating more quickly than commercial, so without adjusting the shift the burden would fall disproportionately to residential tax payers. Caron said he would not say disproportionately, but yes, because residential property values have been going up more quickly than commercial property values, the shift has had to be increased over the last several years in order to maintain balance. If you were to vote to keep the shift where it is now, that would result in an appreciable increase in residential tax above the 3% that the change would result in now. Houseman said he thinks the good fiscal shape of the city has an awful lot to do with the collective financial team of Mr. Caron, Mr. Ayles, and Mr. Perry. It continues to be a challenge in achieving affordable housing, and there does not seem to be at a municipal level a solution to get out of that conundrum. It is a frustration, but it is not something that it seems we can address in this kind of a conversation about setting the tax rate. Ames asked about the larger apartment buildings. Caron noted they pay the residential rate, since the 1970s. Before then they were considered commercial. Since they are not owner - occupied, if there was a residential exemption it would likely lead to higher rents and negative impacts for apartment buildings. It would make apartment buildings much less affordable if a residential exemption was adopted. Ames asked about homes under and over $600,000 dollars; if it went high for those over $600,000, would it go lower for those under $600,000. Caron noted those that would see a significant benefit would be lower end condominiums and lower value homes, for example between Cabot Street and Rantoul Street. Ames said she thinks this is a really important conversation for us to be having about keeping housing affordable. She asked about any options that are on the table for relief for those in lower- Beverly City Council Meeting Minutes — November 23, 2020, page 4 of 8 income brackets or renters. There was some discussion. Ames noted that a revenue plan is so important. Cahill stated that in talking about supplemental money, at this point they are talking about level - funding this year. On the school side, it would represent level funding plus adjustments for additional enrollments, and on the city side it represents a level funding number from FY20 to FY21. The first thing they would propose with the amount potentially being received is to not tap into the stabilization account as they had thought they might need to otherwise to keep level funding. Flaherty noted his main concern is next year's fiscal budget once we see the impacts of Covid. Houseman moved to accept a minimum residential factor of 88.6820. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Houseman moved to not accept an open space exemption. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Houseman moved to close the public hearing. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Communications from His Honor the Mayor (continued) Order #246 (continued) -Lease Three More Electric Charging Spaces at the Lower Pond St. Lot Houseman complimented the administration on moving forward this initiative. He asked if during the duration of Governor Baker's emergency order if there could be some assessment of temporary measures regarding parking. Ames asked if the administration could speak to the dollars surrounding the budget and this project. Cahill noted the spaces will still be charged for parking as well as for the charging services. Whoever the winner of the RFP is will be the one paying for the structure, and the charging service fees will go back to them. The value to the city won't change since we are still charging for those parking spaces. Houseman motioned to approve. Ames seconded. A roll call vote was taken, and the motion carried (9 -0). Order #247 - Proposed Ordinance Amendment - Chapter 113 -2(C) concerning Alcoholic Beverages Jesse Dole from the City Solicitor's Office confirmed this amendment would just go through the regular process. Houseman motioned to approve. Ames seconded. A roll call vote was taken, and the motion carried (8 -0, Rotondo recused himself). Order #248 - Proposed Ordinance Amendment - Chapter 192 -61 Sandwich board signs. Houseman motioned to approve. Flowers seconded. A roll call vote was taken, and the motion carried (8 -0, Rotondo recused himself). Order #249 - Donation - $1,000 to benefit the Beverly Police Department for Covid -19 related support. John LeLacheur, Police Chief, thanked Mr. Kaminski for the donation. Houseman motioned to approve. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Beverly City Council Meeting Minutes — November 23, 2020, page 5 of 8 Order #250- Appointment -Mr. Matthew Bilotti to serve on the Cable TV Advisory Committee Guanci referred to Committee on Public Services. Order #251- Reappointments- Rachel Poor, Caroline Baird Mason, and Ellen Flannery to serve on the Design Review Board Guanci referred to Committee on Public Services. Order #252 - Reappointment -Mr. Jerry Guilebbe to serve on the Veterans Advisory Committee and reappointment and waive the residency requirement for Mr. Ron Genest Guanci referred to Committee on Public Services. Order #253 - Grant - $1,750,000 from MassWorks to support intersection improvements at Sohier and Tozer Road Cahill expressed his gratitude for this project which will make the intersection a lot safer for everyone. Wynne and Barrett echoed their appreciation for the team who worked on this grant. Barrett noted that the City had applied for this grant a year ago but was denied because the development across the street was not shovel ready. A lot of work went into reapplying. Ames thanked the administration for their work on this project. Flaherty echoed the thanks and congratulated them on getting the grant. Flowers noted a lot of people in the area will benefit from this. Feldman stated that she appreciated and admired the persistence of everyone involved in this project. Houseman motioned to approve. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Order #254 - Appointment -Peter O'Connor to serve as Chief of the Fire Department Guanci referred to Committee on Public Services. Order #255- Donation - $1,000 to benefit the Beverly Fire Department for Covid -19 related support Houseman motioned to approve. Feldman seconded. A roll call vote was taken, and the motion carried (9 -0). Communications, from other City Officers and Boards Order #238 -City Clerk- Renewal of Lodging House Licenses that will expire on December 31, 2020 Guanci referred to Committee on Legal Affairs. Order #239 - Sergeant Henebury, BPD Traffic Division Supervisor, Handicap Parking Signs for 22 Winthrop Avenue and 24 Mulberry Street. Houseman motioned to approve. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Beverly City Council Meeting Minutes — November 23, 2020, page 6 of 8 Order #240 - Beverly Community Preservation Committee (CPC) - recommending funding for the Gruppe mural project as proposed by the Beverly Public Services Department. Houseman moved to set the public hearing for Monday, December 7, at 7:20pm. Rand seconded. A roll call vote was taken, and the motion carried (9 -0). Order #241- Council President - Elected Salary Ordinances Recommendations - Chapter 26 -14 Salary & Expenses of the Council Members Order #241A- Council President - Elected Salary Ordinances Recommendations - Chapter 69 -12 Unclassified Salaries Order #241B- Council President - Elected Salary Ordinances Recommendations - Chapter 58 -1 Budget Management Analyst Guanci stated these items do not require a public hearing, but he thinks it would be a good idea to schedule one. Perry said the committee has been working for the past year on this review. Houseman moved to set the public hearing for these on Monday, December 7, at 7:30pm. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Communications, Applications, and Petitions Order #242 -FOTH- Notice of Project Change to Endicott College Houseman moved to receive and place on file. Flowers seconded. A roll call vote was taken, and the motion carried (9 -0). Order #243 - National Grid and Verizon Petition to locate poles, wires, and fixtures, including the necessary sustaining fixtures along and across Country Way Houseman moved to set the public hearing for Monday, December 7, at 7:15pm. Rand seconded. A roll call vote was taken, and the motion carried (9 -0). Order #244 - Sandwich Board Sign- Copper Dog Books, 272 Cabot St. Lisa Kent, City Clerk, noted that this is no longer needed due to the ordinance amendment approved earlier. Houseman moved to receive and place on file and refer to the Planning Board. Ames seconded. A roll call vote was taken, and the motion carried (9 -0). Motions and Orders Order #236 - Proposed Order amending Beverly Ordinance Chap 69 -4 Vacations (second reading) Flaherty asked for clarification on the reasoning for this order, if it was people weren't able to use their vacation time. He expressed concern that some people weren't working fulltime when they were home and now their vacation time is being extended but said he would vote in favor of it. Houseman motioned to approve. Rand seconded. A roll call vote was taken, and the motion carried (9 -0). Beverly City Council Meeting Minutes — November 23, 2020, page 7 of 8 Reports from Committees Committee on Legal Affairs Order #227 - Reappointment -Ms. Nancy Cicci, 15 Kennedy Drive to serve as Constable. Houseman motioned to approve. Feldman seconded. A roll call vote was taken, and the motion carried (9 -0). Committee on Public Services Order #230 - Appointments -Mr. Kyle Sweeney and Mr. Bryan Whitehead to serve on the Cable TV Advisory Board. Houseman motioned to approve. Rand seconded. A roll call vote was taken, and the motion carried (9 -0). Guanci asked the councilors to review the candidates so far for the Ward 6 meeting. The vote would take place on Monday, December 21. He also noted there will likely be a special meeting sometime the week of December 14 and said he would keep everyone updated. Ames shared that CVS did maintenance on the Elliot Chambers Memorial and thanked them for the work. Rand noted that the Ward 2 civic association meeting is tomorrow night and those interested in participating can get in touch with her for login information. Flowers mentioned the Officer Sean Connolly Memorial toy drive coming up on December 12 at North Beverly Plaza from 9am -lpm. Guanci stated there will be a joint meeting coming up to appoint a new school committee member. Feldman motioned to adjourn. Rand seconded. A roll call vote was taken, and the motion carried (9 -0). Beverly City Council Meeting Minutes — November 23, 2020, page 8 of 8