2016-01-04Regular Meeting — Beverly City Council, Beverly, MA
MINUTES - Monday, January 4, 2016 @ Noon
Beverly High School Auditorium
Called to Order @ 12:52 PM as part of Inauguration Ceremony
Roll Call John P. Frates Jr., Scott D. Houseman, David J. Lang, James F. Latter, Donald G.
Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci - President.
Resolutions:
(The Mayor had read the Resolutions as an earlier part of the program, and congratulated the
Pete Frates, and Riley Fessenden Families)
#001- Pete Frates Week / Riley Fessenden Week Approved 9 -0
Acceptance of Minutes:
Regular Meeting — Monday, 21 December 2015 Approved 9 -0
The Council President asked for a vote to suspend the
Rules to allow him to address the audience. Approved
9 -0
Address by the Council President:
January 4, 2016
On behalf of the entire City Council, welcome to today's Inauguration Ceremony, and to
the first City Council meeting of the 2016 -2017 term.
It is always great to have our first Meeting in conjunction with Inauguration, because we
are almost assured of having a large and enthusiastic crowd. Some of our Meetings tend
to be just the nine of us, our Clerk, maybe a Department Head or two, one of our "City
Hall Regulars" and the cameraman from BevCam, so this is great!
I am truly honored to serve as President of the Beverly City Council for the next two
years. While the faces have not changed this term (I like to think that is because we are
doing a great job), every Councilor but myself will be serving on a different Standing
Subcommittee, and each Committee will have a new Chairperson. This term, David
Lang, Matthew St.Hilaire and James Latter will fill the three Chair roles.
The past two years have been busy, and the City Council has worked both cooperatively
and effectively with the Mayor's Office. Through the budgetary process, the City Council
has given the Mayor the tools necessary to manage the City of Beverly's resources.
It should be noted that the Council approved funding for a Chief of Staff who has not
only been as asset to the Mayor, but also to the entire City Council. Kevin Harutunian has
been diligent and thorough, helping members of the Council with residents' concerns,
issues and problems.
The Council also approved funding to return a third member to the City Solicitor's office,
hire a full time Grant Coordinator, and fill a vacant position in the understaffed Planning
Department.
The Council will be busy with many projects over the coming months, and we always
welcome suggestions and input from both our residential and commercial constituents.
To see more of your City Council and City Government in action, please tune in to
BevCam Channel 8 on the 1s and 3 d Monday of the month for live broadcasts of our full
City Council Meetings, or better yet stop by 191 Cabot Street at 7:00 pm to attend one of
our Meetings in person. Visitors are always welcome, and much appreciated.
Thanks to everyone for coming out on this cold January afternoon to attend today's
festivities. I wish you all a safe, happy and healthy 2016.
#006
December 29, 2015
Dear Honorable Council,
Every two years the most difficult decision I have to make as City Council
President is whom to put on each of our three Standing Committees. My intention
for this coming term is to make sure that every Councilor is on a different
Committee from last term and to have each Committee chaired by someone who
did not serve as a Chair last term. My decision to do so is reflected in this term's
appointments:
Committee on Finance and Property: Ward 3 Councilor James Latter (Chair)
Councilor at Large Jason Silva
Council President Paul Guanci
Committee on Legal Affairs: Councilor at Large Matthew St.Hilaire (Chair)
Ward 4 Councilor Scott Houseman
Ward 2 Councilor Estelle Rand
Committee on Public Services: Ward 1 Councilor David Lang (Chair)
Ward 5 Councilor Donald Martin
Ward 6 Councilor John Frates
On another note, I enthusiastically support Ward 4 Councilor Scott Houseman to
serve as City Council Vice President this term. I would welcome everyone else's
support for Councilor Houseman.
Respectfully,
Paul M. Guanci
City Council President
Approved: 9 -0
Election of Council Vice President:
The Council President asked for nominations from the floor for Council Vice
President for the 2016 -2017 term. Councilor Martin nominated Councilor
Houseman, seconded by Councilor Frates. No other nominations were made.
Council President closed nominations and called for a vote. Approved: 9 -0
Public Speakers: None
Public Hearings: None
Presentations, Awards and Memorials: None
2
Communications from His Honor the Mayor:
#002
January 4, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City has recently reached agreement with the Department of Public Services
employee union on the terms for Collective Bargaining Agreements through June
30 2018. The terms of the agreements are subject to an appropriation by the
City Council. I therefore request a transfer of $71,142 from the budgeted reserve
for separation of service (11324 / 57816) into various payroll lines within the
Department of Public Services. Although this reserve was initially established for
employee related retirement costs, the first six months of 2016 have shown there
to be a favorable budget variance for Fiscal Year 2016. 1 am recommending
these available reserve funds be utilized to fund the increase in payroll costs
associated with the settlement of this contract. This transfer will require a public
hearing prior to a Council vote. Please initiate action on this request at your
upcoming City Council meeting.
Thank you.
Sincerely yours,
Michael P Cahill
Mayor
Order read once and adopted to set a Public Hearing for Tuesday, 19
January 2016 (ED 7:20 PM, City Hall Council Chamber, 191 Cabot Street, 3
Floor, Beverly, MA. Vote: 9 -0.
#003
January 4, 2016
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, Massachusetts 01915
Re: Open Space Conveyance at Essex Crossing (232 Essex Street)
Dear Honorable Council:
You may be aware that when the Planning Board approved the Open Space Residential
Development ( "OSRD ") Site Plan at Essex Crossing (232 Essex Street) in October 2014,
they did so with the condition that two parcels of open space (Parcels A and B) be
conveyed to the Beverly Parks and Recreation Department. In total these parcels
represent 378,450 square feet of land (see attached plan) to be added to the City's open
space and recreation inventory. With the first housing unit(s) having sold in early
December, the developer, DUC Residential LLC, is seeking to complete the transfer of
open space to the City.
The Board's decision also required the developer to undertake certain improvements to
Open Space Parcel A, commonly known as "Kelleher Pond ". The developer has been
working cooperatively with the City's Planning Department to ensure these
3
improvements meet all requirements of the decisions by both the Planning Board and the
Conservation Commission. There are specific improvements including a sign and park
benches that are expected to be implemented later this winter, however all improvements
required of the OSRD approval will be finalized prior to completion of the subdivision.
Additionally, the Board required the developer to submit a $10,000 endowment with the
open space transfer, which has been provided.
City Solicitor Stephanie Williams reviewed the attached Quitclaim Deed for the transfer
of Open Space Parcels A and B to the City, and agrees with the document in content and
form.
I hereby respectfully request City Council authorization of the conveyance of Open Space
Parcels A and B located at Essex Crossing (232 Essex Street) to the Beverly Parks &
Recreation Department.
Please feel free to contact Assistant Planning Director, Darlene Wynne if you have any
questions relative to this request.
Sincerely yours,
Michael P. Cahill
Mayor
Cc: P. DiBiase, DUC Residential LLC
B. McGrail, Law Office of Brian D. McGrail
S. Williams, City Solicitor
B. Doig, Dir. Parks & Recreation
D. Wynne, Asst. Planning Director
File
Attachments
Referred to Legal Affairs
#004
January 4, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation the following citizens to
serve on the Beverly Harbor Management Authority:
J. David Suminsby
21 R Linden Avenue, Beverly
Rinus Oosthoek
185 Hale Street, Beverly
George Simon
11 Pineknoll Drive, Beverly
Pat McAleer
6 Warren Street, Beverly
Chris D'Alphonso
4 Landers Drive, Beverly
Their terms to be effective until December 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
11
#005
January 4, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. William J. Alpine, Jr.,
10 Bass River Road to serve on the Board of Health.
His term to be effective until December 31, 2018.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
Communications from other City Officers and Boards:
#007
January 4, 2016
Dear Honorable Council:
I hereby appoint Councilor At Large Paul M. Guanci to serve as representative to
ECDC.
Respectfully,
Paul M. Guanci
City Council President
Approved 9 -0.
#008
January 4, 2016
Dear Honorable Council:
I hereby appoint Councilor At Large Matthew J. St. Hilaire to serve as liaison to
the Beverly School Committee. I would ask that the Council Liaison provide the
City Council with quarterly reports detailing important information and actions
taken by the School Committee.
Respectfully,
Paul M. Guanci
City Council President
Approved 9 -0.
5
#009
January 4, 2016
Dear Honorable Council:
I hereby appoint Councilors David Lang and John Frates, Jr. to serve as City
Council Liaisons to the Beverly Police Department Community Advisory Council.
Respectfully,
Paul M. Guanci
City Council President
Approved 9 -0.
#010
January 4, 2016
Dear Honorable Council:
I hereby appoint Councilors Jim Latter, Estelle Rand and Don Martin to serve as
City Council Representatives on the Financial Forecasting Committee.
Respectfully,
Paul M. Guanci
City Council President
Approved 9 -0.
#011
January 4, 2016
Dear Honorable Council:
Each term the City Council appoints two representatives to serve as members of
the Beverly Harbor Management Authority. I respectfully request that Councilors
Scott Houseman and Estelle Rand serve on the Beverly Harbor Management
Authority as Representatives of the City Council.
It is requested that semi - annual reports be given to the full Council regarding
ongoing projects brought before the Harbor Management Authority.
Respectfully,
Paul M. Guanci
City Council President
Approved 9 -0.
I
#012
January 4, 2016
Beverly City Council
191 Cabot Street
Beverly MA 01915
Re: Standing Designation of Substitute Chairman
Joint Meetings with Committee of the Whole
Dear Honorable Council:
In accordance with Rule 21 (4) of the Rules and Orders of the City Council, I do
hereby make this standing designation.
In my absence, I do hereby designate the Chairman of the Finance & Property
Subcommittee, the Chairman of the Public Services Subcommittee, or the
Chairman of the Legal Affairs and Ordinances Subcommittee (as each
Subcommittee may then be duly noticed to be in Joint Meeting the Committee of
the Whole) to convene, to recess, to reconvene, to adjourn, and to serve as
Acting Chair of the Committee of the Whole during such Joint Meeting.
Very truly yours,
Paul M. Guanci
City Council President
Annroved 9 -0.
#013
Communication from City Clerk re: Proposed Code Adoption Ordinance
Referred to Legal Affairs and City Solicitor
#014
Communication from Planning Director re: Proposed Amendments to the Zoning
Ordinance (New Land Use Categories).
Referred to Legal Affairs
Communications, Applications & Petitions
#015
Application — 2n Hand Junk Dealers License — Nyan Group Inc DBA Cash Point —
135 Cabot Street.
Referred to Legal Affairs.
7
#016
DEP Notice of License Application — Cummings Properties — 181 Elliott Street / 950
Cummings Center.
Receive and Place on File - Approved 9 -0.
#017
Application — Livery License — Magaly Gerena - Lebron — 13 Thorndike Street #5
Referred to Legal Affairs.
Unfinished Business: Final Passage: None
Reports of Committees: None
Motions and Orders: None
Meeting Adjourned: 1:06 PM Attest: D. Wesley Slate, Jr.
City Clerk