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Minutes - Tuesday 3 January 2017Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Tuesday, 3 January 2017 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber Called to Order @ 7:05 PM Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Silva Resolutions: 1. #302 — Resolution — Kennedy Steiner - Vote to Approve: 9 -0 Comments by Citizens (subject to the conditions contained in Appendix A to the "Rules and Orders "): None Presentations, Awards & Memorials: None Acceptance of Minutes of Previous Meetings: 1. Monday, 19 December 2016 — Regular Meeting - Vote to Accept: 9 -0 Communications from His Honor the Mayor: #300 December 19, 2016 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: Pursuant to Massachusetts General Law Chapter 66 Section 6A(a), I am designating Assistant City Solicitor Eitan Goldberg as the City of Beverly's Records Access Officer (RAO) and Dr. Steven Hiersche as the RAO for all school related public records requests. The contact information for the RAOs is below. Records Access Officer (Non - school related requests) Assistant City Solicitor Eitan Goldberg 191 Cabot Street, Beverly, MA 01915 978 - 605 -2337 egoldbergp_beverlyma.gov Records Access Officer (School related requests) 204 Dr. Steven Hiersche Superintendent of Schools 70 Balch Street, Beverly, MA 01915 978 - 921 -6100 x21712 shiersche&beverlyschools.org Sincerely yours, Michael P. Cahill Mayor cc: City Clerk cc: Dr. Steven Hiersche To: All City Employees, Multiple Member Boards, Commissions, Public Bodies, and Committees From: Michael P. Cahill, Mayor Cc: Kevin Harutunian, Chief of Staff, City Council, Superintendent Hiersche, Assistant Superintendent Charochak Date: December 20, 2016 Re: Amended Public Records Law Effective January 1, 2017 The state's amended Public Records Law, M.G.L. ch. 66, becomes effective on January 1, 2017. The amended law creates many new responsibilities concerning, among other things, timing, record keeping, content of responses, and fees. The amended law also, notably, allows for more stringent penalties against the City in the event of non- compliance with the law. The amended law requires that one or more Records Access Officers "RAO" be designated. The ROAs are responsible for coordinating and responding to requests and keeping a detailed log of all requests. Eitan Goldberg, Assistant City Solicitor, will act as the RAO for all non - school related requests. Dr. Hiersche, the Superintendent of Schools, will act as the RAO for all school requests. The law requires the City to reply to any request within ten business days. There may be certain penalties and the potential loss of municipal rights if that deadline is not met. Therefore, it is imperative that all requests directed to non - school employees, regardless of scope or magnitude, be immediately sent to Assistant Solicitor Goldberg and all school requests to Dr. Hiersche. All Department Heads and Chairs of Boards, Commissions, and Committees are responsible for ensuring that this happens and for acting as a liaison with the RAOs. More information will be made available by Assistant Solicitor Goldberg in the near future. In the meantime, please contact him with any question. Received and Placed on File — Vote: 9 -0. 205 #301 January 3, 2017 The Honorable City Council City Hall Beverly, MA 01915 RE: PROPOSED ORDINANCE TO ESTABLISH THE BEVERLY AFFORDABLE HOUSING TRUST FUND Dear Honorable City Council: I respectfully submit to you the attached proposed Ordinance establishing the Beverly Affordable Housing Trust Fund and request that your Honorable Council consider first, accepting the provisions of MGL Ch. 44, Section 55C and second, the proposed Ordinance itself. As you know, the City's Inclusionary Housing Ordinance, Section 300- 108B(2), sets forth the option for a payment of a fee in lieu of affordable units to the City of Beverly Affordable Housing Trust Fund, which has not yet been established. Since 2016, the Planning Board has approved three projects with contributions to the Trust totaling over $1 million. More than $600,000 has been paid to the City to date. In addition, setting up the Affordable Housing Trust Fund is a priority of our Community Housing Plan. Once finalized, the Housing Plan will help set priorities guiding the Trust. A formal Action Plan will be developed once the Trustees are in place. Please feel free to contact me or Planning Department staff if you have any questions regarding this proposal. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property and Legal Affairs Communications from other City Officers & Boards: #303 Communication — Council President — Appointment of Ordinance Review Committee Received and Placed on File — Vote: 9 -0. Communications, Applications & Petitions: #304 Application for Permit to Maintain Sandwich Board Sign — Beverly Crossing / Flats @ 131, LLC, 15 & 131 Rantoul Street Referred to Legal Affairs 206 Final Passage: #280 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Amended Ordinance #15 -48 "Veterans' Memorial Advisory Committee" to be replaced by "Veterans Advisory Committee" and enacting an ordinance establishing the position of Veterans' Graves Officer, have considered said matter and beg leave to report as follows: 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 sixteen An order amending an ordinance entitled Veterans' Memorial Advisory Committee and enacting an ordinance establishing the position of Veterans' Graves Officer Be it ordained by the City Council of the City of Beverly as follows: By deleting §15 -48 of Article II of Chapter 15 of the 2016 revised Ordinances of the City of Beverly entitled "Veterans' Memorial Advisory Committee" in its entirety: and by replacing it with the following new Section 15 -48:_ " §15 -48 Veterans Advisory Committee (a) Establishment, Composition There is hereby established a Veterans Advisory Committee. This Committee shall consist of thirteen (13) total members serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council for a term of 3 years. Initial appointments of members shall be for staggered terms. At least a majority of the total members shall at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to §58 -45 shall also serve as a Member of the Committee. Members may be removed in accordance with the provisions of the City Charter. Notwithstanding §15 -8, the Mayor may appoint, subject to confirmation by a two thirds vote of the City Council, members who are not residents of the City of Beverly. (b) Authority and responsibilities 1MThe Veterans Advisory Committee shall act in an advisory capacity to the Mayor, City Council, and other interested departments, boards, commissions or committees and to the citizens of Beverly relative to any and all matters concerning military veterans. 24A majority of the appointed members presently named and serving on the Committee shall constitute a quorum. A majority of the members presently named and serving on the Committee shall be necessary for the approval or disapproval of any recommendation. The Committee shall at its first meeting vote to elect a Chair, Vice Chair and Secretary of the Committee. The Committee shall adopt rules and regulations for keeping accurate minutes of its meetings. 4�The Committee's functions shall include, but are not limited to, the following: (AaThe Committee shall serve as a resource to the City of Beverly and the public. The Committee may provide education and support to help raise awareness on Veteran related matters. The Committee shall provide the public with contacts to agents of federal, state and local agencies that provide services to veterans and their families. 207 The Committee shall assist The City of Beverly's Director of Veterans' Services in coordinating annual and ad hoc veteran related community events, such as parades, remembrances or other such events. The Committee shall provide continuing oversight of the condition of each of the several veterans memorials of the City and shall from time to time, not less frequently than annually, file a report to the Director of Veteran Services with recommendations as to any needed repairs, upkeep, maintenance and improvements to such memorials as in its judgment may be necessary or advisable. Whenever the Committee believes an expenditure of funds in excess of ordinary maintenance is required to be made, it shall submit its report containing such recommendation in time to be considered as part of the capital improvement plan." Be it further ordained by the City Council of the City of Beverly as follows: By adding the following new Section §58 -45 to Article IV of Chapter 58 entitled Veterans' Graves Officer: " §58 -45 Veterans' Graves Officer The mayor shall appoint a resident of Beverly who shall be a veteran as defined in clause Forty -third of section seven of chapter four of the Massachusetts General Laws, as a Veterans' Graves Officer, for a term to be determined by the Mayor but shall not exceed five years. It shall be the duty of such veterans' graves officer to cause every veteran's grave within Beverly to be suitably kept and cared for. Such care shall include the clearing of weeds and other unseemly growth from said graves; the repairing, replacement and general up -keep of fences around said graves; the raising and repairing of sunken grave stones and markers and other similar services that may be necessary to restore and maintain such graves and their surroundings in an orderly condition. If the cost of such care and maintenance is not paid by private persons, or by the trustees of the cemeteries where any such grave is situated, it shall be paid by the City." City Ordinance References: §15 -48 State Law References M.G.L. c. 115 § 9; M.G.L. c. 4 §7 cl. 43. First Reading: Monday, 5 December 2016 Second Reading: Monday, 19 December 2016 Publication: Friday, 23 December 2016 Final Passage: Tuesday, 3 January 2017 Order read once and adopted. Vote: 9 — 0 Public Hearings: 1. 7:30 PM - #297 — National Grid Plan #23023550 — Pleasant & Rantoul Streets — National Grid Representative did not appear. Council President entertained a Motion to Recess the Public Hearing until Tuesday, 17 January 2016 @ 7:30 PM — Vote: 9 -0. 2. 7:35 PM - #298 — Application for License — Onsite Propane Storage @ Beverly Middle School site, 502 Cabot Street. Public Hearing held and closed, referred back to Legal Affairs. W Reports of Committees: #301 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Proposed Ordinance to Establish The Beverly Affordable Housing Trust Fund, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request to accept: That the City of Beverly hereby accepts the provisions of M.G.L. ch.44, section 55C in effect as of the date of this order. Order read once and adopted - Vote: 9 -0 #298 The Committee on Legal Affairs, to whom was referred the matter of Application for License — Beverly Middle School, Onsite Propane Storage @ site, 502 Cabot Street, parcel #U -2, have considered said matter and beg leave to report as follows: Recommend the License be granted Councilor Latter proposed an Amendment to the Order, that propane deliveries made during hours that the site is unstaffed be accompanied by a Fire Watch Amendment approved — Vote: 9 -0 Amended Order read once and adopted — Vote: 9 -0. #299 The Committee on Legal Affairs, to whom was referred the matter of Appointment by Council Martin — Thomas L. Hayes, 26 Morningside Drive as Ward 5 Representative to the Open Space & Recreation Committee, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Appointment Order read once and adopted. Vote: 9 -0 #301 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Proposed Ordinance to Establish The Beverly Affordable Housing Trust Fund, have considered said matter and beg leave to report as follows: Submit the accompanying amended Ordinance and recommend its adoption, pending Publication and Final Passage: Ordered: That the City of Beverly hereby accepts the provisions of M.G.L. ch. 44, section 55C in effect as of the date of this order. In the year two thousand seventeen An ordinance entitled Affordable Housing Trust Fund Be it ordained by the City Council of the City of Beverly as follows: By enacting an ordinance entitled Affordable Housing Trust Fund in the Code of Ordinances of the City of Beverly by adding the following language: 209 Affordable Housing Trust Fund A. Established. The Beverly Affordable Housing Trust Fund is hereby established. B. Purpose. The trustees of the Beverly Affordable Housing Trust Fund shall administer an Affordable Housing Trust Fund to provide for the creation and preservation of affordable housing within the City of Beverly for the benefit of low to moderate income households and for the funding of community housing, as defined in and in accordance with the provisions of chapter 44B. C. Composition. The Beverly Affordable Housing Trust Fund shall have a Board of Trustees composed of five (5) trustees. The Mayor shall serve as one of the Trustees. D. Appointment of Trustees; Terms, Vacancies. The Mayor shall appoint trustees annually in January, subject to confirmation by the City Council. The trustees first appointed shall have staggered terms, with two (2) of the appointed trustees initially serving a one - year term, and the remaining two (2) serving a two -year term. Thereafter, all appointments and reappointments, with the exception of the Mayor's term, shall be for a period of two (2) years. If a vacancy shall occur among the trustees, it shall be filled in the same manner as the original appointment for the unexpired term. E. Service without Compensation. The trustees shall serve without compensation. F. Removal. Trustees may be removed by the mayor, subject to the provisions of Section 3- 4 of the Beverly City Charter. G. Authority and Responsibilities. The specific authority and responsibilities of the trustees, all of which shall be carried on in furtherance of the purposes set forth in Massachusetts General Laws Chapter 44 Section 55C and in this ordinance, are as follows: (1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or other property tendered to the trust in connection with provisions of any zoning ordinance or by -law or any other ordinance or by -law; (2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income; (3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract; (4) to execute, acknowledge and deliver deeds, assignments, transfers, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust; (5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary; (6) to fund grant positions for municipal employees through specified grants established by the Trust, whose positions are in furtherance of the purposes set forth in Massachusetts General Laws Chapter 44 Section 55C and in this ordinance; (7) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable; (8) to apportion receipts and charges between incomes and principal as the board deems advisable, to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise; (9) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, by or between any corporation and any other corporation or person; (10) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses 210 and compensation of such committee as the board may deem necessary and appropriate; (11) to carry property for accounting purposes other than acquisition date values; (12) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral; (13) to make distributions or divisions of principal in kind; (14) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions or this act, to continue to hold the same for such period of time as the board may deem appropriate; (15) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining; (16) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and (17) to extend the time for payment of any obligation to the trust; (18) to create guidelines and principles for the trustees as to strategies for the investment and expenditure of trust funds. The powers and duties enumerated above are intended to encompass all powers and duties of the trustees. Any action, power or duty not enumerated above shall require prior approval of the city council. H. Limitations. (1) The conveyance of any real property under clauses G(1), G(2), or G(3) above, shall require the approval of the Mayor and the City Council. (2) Any debt incurred by the Trust shall not constitute a pledge of the full faith and credit of the City of Beverly, and all documents related to any debt shall contain a statement that the holder of any such debt shall have no recourse against the City of Beverly with an acknowledgement of said statement by the holder. I. Meetings. The trust shall meet at regular intervals. J. Report. The trustees shall keep a record of its doings and make a report thereof to the City annually. The report shall include a description and source of funds received and expended and the type of affordable housing programs or properties assisted with the funding. Such report shall be sent to the Mayor not later than January 15 in each year, and a copy thereof shall be filed with the Department of Planning & Community Development. The books and records of the trust shall also be audited annually by an independent auditor in accordance with accepted accounting practice. The audit of the trust may be done by the City's auditors. The trustees shall also provide the city council with a copy of the trust's annual audit. K. Notwithstanding any general or special law to the contrary, all moneys paid to the trust in accordance with any zoning ordinance or by -law or private contributions shall be paid directly into the trust and need not be appropriated or accepted and approved into the trust. General revenues appropriated into the trust become trust property and to be expended these funds need not be further appropriated. All moneys remaining in the trust at the end of any fiscal year, whether or not expended by the board within 1 year of the date they were appropriated into the trust, remain trust property. L. The trust is a public employer and the members of the board are public employees for purposes of chapter 258 of the Massachusetts General Laws. M. The trust shall be deemed a municipal agency and the trustees shall be deemed as special municipal employees for purposes of chapter 268A of the Massachusetts General Laws. N. The trust is exempt from chapters 59 and 62 of the Massachusetts General Laws, and from any other provisions concerning payment of taxes based upon or measured by property or income imposed by the commonwealth or any political subdivision thereof. O. The trust is a governmental body for purposes of sections 23A, 23B and 23C of chapter 39 of the Massachusetts General Laws. P. The trust is a board of the city for purposes of Massachusetts General Law chapter 30B and Massachusetts General Law chapter 40, section 15A; but agreements and 211 conveyances between the trust and agencies, boards, commissions, authorities, departments and public instrumentalities of the city or town shall be exempt from said chapter 30B of the Massachusetts General Laws. State law reference: M.G.L.A. c. 44, s. 55C. 1s' Reading — Tuesday, 3 January 2017 2nd Reading — Tuesday, 17 January 2017 Publication in the Salem News — Friday, 27 January 2017 Final Passage — Monday, 6 February 2017 Order read once and adopted. Vote: 9 -0 #304 The Committee on Legal Affairs, to whom was referred the matter of Application for Permit to Maintain Sandwich Board Sign — Beverly Crossing / Flats #131, LLC, 15 & 131 Rantoul Street, have considered said matter and beg leave to report as follows: Recommend the Permit be granted Order read once and adopted. Vote: 9 -0 Unfinished Business: None Motions and Orders: None Council President sent greetings and congratulations on behalf of the entire City Council to former Ward 3 and Ward 2 School Committee Member, Alderman, and City Councilor Russ Rollins on the occasion of his 80' birthday yesterday. Meeting Adjourned: 9:02 PM Attest: D. Wesley Slate, Jr. City Clerk 212