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2013-08-05Special Meeting Beverly Meeting Minutes Page 1 of 7 From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, September 02, 2013 11:05 AM To: pguanci @beverlyma.gov; sdullea @beverlyma.gov; jsilva @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; minutes @beverlyma.gov; Jim Latter Subject: Special Meeting8- 5- 13.doc Special Meeting Beverly City Council 7:00 PM August 5,2013 Roll Call: Councilors P. Guanci D. Scott Dullea, Donald G. Martin (absent), Scott D. Houseman (absent), James F. Latter, D. Wesley Slate, Jr., Maureen Troubetaris, Brett Schetzsle, Jason Silva. Pledge of Allegiance to the Flag: Councilor Slate Acceptance Of Minutes: July 15th Special Meeting Public Speakers: -Craig DeOrio, 8 Yankee Way Public Hearings: Presentations, Awards and Memorials: #131 Call for a Special Meeting Communications from His Honor the Mayor: #132 August 5, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Scott Kugel, 77 Barstow Street, Salem, MA 01970 to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Kugel's application for reappointment, which has been approved by Police Chief Mark Ray. Mr. Snider's term will be effective until March 15, 2016. 9/13/2013 Special Meeting Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #133 (late file) August 5, 2013 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 2 of 7 I believe that careful expansion of the number of liquor licenses is important to the economic development of Beverly and discussion with individual councilors and members of the Licensing Board indicates that they share this same view. I met recently with State Representative John Scibek who is the Chair of the Joint Committee on Consumer Protection and Professional Licensure on Beacon Hill which introduces and considers bills for additional licenses. Our Representative, Jerry Parisella, had kindly arranged for the meeting. Representative Scibek was very gracious and quite receptive to our desire to obtain additional licenses by way of a home -rule petition. Traditional liquor licenses have been based on population. In recent years in response to demand for additional licenses, a new type of license has sometimes been issued. Unlike traditional licenses which can be moved from address to address, the newer type has been issued on a "site specific" basis, meaning that once assigned, its address cannot ever change. In all my discussions on the subject of additional licenses including that with Representative Scibek, I have worked under the belief that the licenses would be granted to Beverly and that Beverly would then determine the addresses and operators who would be issued the licenses. In other words, Beverly would have an inventory of available licenses. I had adopted that posture because that is how it has worked in a number of other communities, in the City of Braintree for example. In the past week as City Solicitor Roy Gelineau has communicated with Beacon Hill, it has become clear that we are now being asked to include the issuing addresses in the draft language of the bill. We can, of course, comply with this change but it will necessitate our making final decisions on locations before the fact and it will require that we reduce the numbers being requested to those we wish to be issued in the near term, in other words, there will be no inventory of available licenses. State officials have, however, indicated their receptivity to a second Home Rule Petition from Beverly for additional licenses. I have been prepared to make recommendations regarding license issuance but I believe the City Council needs to consider and ultimately vote on the matter in consultation with the Licensing Board. Naturally a public hearing will be needed at the appropriate time. In deciding how we should handle license issuance in the future, I believe it helpful to review the process used over the years by the Beverly Licensing Board. 9/13/2013 Special Meeting Page 3 of 7 Nearly all existing licenses are portable, i.e. they can be sold and moved from one location to another. This means is generally the mechanism for the transfer of licenses but from time to time, licenses are returned to the City of Beverly. Frequently, very frequently, Martha Lewis, in my office and Clerk to the Licensing Board, receives calls asking if licenses are available and 99 times in 100 the answer is no, but every once in a while a license is returned to the City and the answer is yes. In that case, the license is available at no cost except the annual fee. So, the current system is strictly chronological. Recently, I had a meeting with restaurant owners to discuss the subject of additional licenses. There are currently 36 all alcohol restaurant licenses in Beverly and in most cases, restaurant owners have paid significant sums to obtain these licenses, frequently $50,000 or more. I do see merit in the idea of charging a one -time fee, perhaps $50,000 for such an additional license to open or expand a restaurant. If there are multiple applicants perhaps an RFP process scheduled twice a year would be a useful decision making device. In the case of a cultural attraction such as the Larcom Theatre or the Cabot Cinema which would help bring people into Beverly and increase restaurant business, I would recommend that fee be waived. I would note that at this time the majority of parties seeking licenses are in pursuit of Beer and Wine licenses which I personally do not see as a major threat to existing licensees. There is also the issue of seasonal licenses which can be issued by the Beverly Licensing Board and which are valid all but six winter weeks from mid - January to March 31. Two applications for this type of license have recently been approved and are currently under review at the ABCC. Advice from a colleague in Salem is that seasonal licenses should only be issued to businesses which close for part of the year. I would like to try to answer any questions you may have at this point and suggest that the matter be referred to committee. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Legal Affairs #134 August 5, 2013 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you know, we have an interest in pursuing all the best and greenest options for the purchase of energy for City needs. To that end, we have for years put our electric and natural gas power purchases out to bid. We have been designated as a Green Community thus making grant funds available to modernize building energy controls and improve energy efficiencies. We have used green building techniques in the construction of the new High School including an update of the 1970's solar field and providing 9/13/2013 Special Meeting Page 4 of 7 additional solar capacity on the roof of the building. At this time, we have another opportunity to continue to pursue these goals and generate significant cost savings. You have previously received an email with attachments from Finance Director John Dunn describing an opportunity to enter into a Power Purchase Agreement (PPA) with Cabot Beverly, LLC (Cabot). This project would result in the installation of a photovoltaic array on privately owned land adjacent to the Airport. The City would purchase the power generated by the array and receive credits in return that we would use to offset our electric bills from National Grid. The current annual value of such credits would exceed our costs by about $140,000. Over the twenty (20) year life of the PPA, the total value of the net metering credits to the City are expected to exceed $2 million and may run as high as $5.7 million. In addition to the PPA, we have negotiated a Payment in Lieu of Tax (PILOT) agreement with Cabot on the personal property value of the solar array to be installed on the property. PILOT agreements for solar installations are both allowed by the State and generally encouraged because they provide for a stable stream of payments to the municipality from the project owner. The PILOT also protects against the very real possibility that future legislative action will exempt solar generation facilities from taxation. The pilot negotiated calls for fixed annual payments of $18,200 for the next twenty (20) years. Real estate taxes will continue to be assessed on the land being used by the facility. We are requesting that the Council both approve the twenty (20) year term of the PPA and also to accept the PILOT agreement. We have asked our consultant, John Shortsleeve of Bay State Consulting, and Joe Harrison of Borrego Solar Systems, Inc., the operating partner of Cabot to attend your August 5, 2013 meeting to review the proposed transaction and to answer any questions that you may have. We ask for your prompt action on the request. Very truly yours, William F. Scanlon, Jr. Mayor Refer to Finance & Property and Legal Affairs Communications from other City Officers and Boards: #135 CITY OF BEVERLY, MASSACHUSETTS CALL FOR ELECTION To the City Councilors of the City of Beverly GREETINGS: In the name of the City of Beverly you are hereby required to notify and warn the inhabitants of said town who are qualified to vote in Primaries and Elections to vote at the following locations: One Mayor for a term of two years. 9/13/2013 Special Meeting Three Councilors at Large for a term of two years. One Councilor for Ward One for a term of two years. One Councilor for Ward Two for a term of two years. One Councilor for Ward Three for a term of two years. One Councilor for Ward Four for a term of two years. One Councilor for Ward Five for a term of two years. One Councilor for Ward Six for a term of two years. One School Committee person from Ward One for a term of two years One School Committee person from Ward Two for a term of two years One School Committee person from Ward Three for a term of two years One School Committee person from Ward Four for a term of two years One School Committee person from Ward Five for a term of two years One School Committee person from Ward Six for a term of two years Page 5 of 7 The meetings of the qualified voters of the City of Beverly, for the purpose of electing the above officials, shall be held on Tuesday, September 24, 2013 (Preliminary Election) and Tuesday, November 5, 2013 (Regular General City Election). The polls at such meetings shall be opened at seven o'clock in the morning and shall be closed at eight o'clock in the evening. Be it further ordered: That in accordance with the provisions of Chapter 54, Section 24, of M.G.L. and amendments thereto, the following locations are hereby designated by the City Council as Polling Places for the City Elections of September 24, 2013 and November 5, 2013. Ward I. Precinct 1, Ayers -Ryal Side School, Woodland Avenue Ward 1, Precinct 2, Ayers -Ryal Side School, Woodland Avenue Ward 2, Precinct I. Beverly Public Library, Winter Street Entrance Ward 2, Precinct 2, Beverly Public Library, Winter Street Entrance Ward 3, Precinct 1 McKeown Elementary School, Balch Street Ward 3, Precinct 2, McKeown Elementary School, Balch Street Ward 4, Precinct I. Cove Elementary School, Eisenhower Avenue Ward 4, Precinct 2, Cove Elementary School, Eisenhower Avenue Ward 5, Precinct I. North Beverly Elementary School, 48 Putnam Street Ward 5, Precinct 2, North Beverly Elementary School, 48 Putnam Street Ward 6, Precinct I. Centerville Elementary School, Hull Street Ward 6, Precinct 2, Centerville Elementary School, Hull Street Kathleen P. Connolly, C.M.C. City Clerk Vote taken on the floor to Approve 7 -0 Communications, Applications and Petitions: #136 Communication re: Annual Cycle for Life (September 7, 2013) Receive and Place on File 7 -0 Vote #137 9/13/2013 Special Meeting Application for Hawkers & Peddlers License (Peter J. McNerney (late file) Refer to Legal Affairs #138 Application for Hawkers &Peddlers License Ezra Holland (late file) Refer to Legal Affairs Reports from Committees: #132 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Page 6 of 7 Communication from the Mayor re: Renewal of Constable License (Scott Kugel, 77 Barstow St., Salem, MA., have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 7 -0 Vote #133 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication from the Mayor re: a second Home Rule Petition for additional Liquor Licenses for Beverly 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 will hold a Public Hearing on Monday September 16, 2013 @ 7:20 PM in Council Chambers, 191 Cabot St., Beverly, MA at 7:20 PM relative to additional Liquor Licenses for the City of Beverly. Order read once and adopted 7 -0 Vote #137 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Hawkers & Peddlers License — Peter J. McNerney have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License. Order read once and adopted 7 -0 Vote #138 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application for Hawkers & Peddlers License Ezra Holland.... have considered said matter and beg leave to report as follows, to wit: 9/13/2013 Special Meeting Recommend the Council approve the License Order read once and adopted 7 -0 Vote Page 7 of 7 Motions and Orders: Order # 139 Councilor Latter re: Amending an Ordinance article XXI Sec.21.13 (h)15 Minute parking @ 330 Rantoul St. (late file) Unfinished Business: Final Passage: Meeting Adjourned 8:15 PM Attest: Kathleen P. Connolly, CMC City Clerk 9/13/2013