Minutes - Monday 23 January 2017Special Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 23 January 2017 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber
Called to Order @ 7:04 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
(arrived @ 7:10 PM), Jason C. Silva, Paul M. Guanci- President.
Pledge of Allegiance to the Flag: Councilor Frates
Recognition of Beverly Police
of Police:
Officer Shawn Desmond
Officer Harold Geary
Swearing -In of Beverly Police
Clerk:
Department Officers by the Chief
Department Officers by the City
Sergeant Michael A. Backstrom
Officer Christopher Ganey
Officer Joseph T. Santamaria
Presentations, Awards & Memorials:
�. #315 — Presentation — Beverly Waste Reduction Committee — Connie
Krueger & Charlie Perlo, Sharon Kishida, MA -DEP
Referred to Finance & Pro
Public Hearing:
1. 7:30 PM - #297 — National Grid Plan #23023550 — Pleasant & Rantoul
Streets — Public Hearing held and closed, referred back to Public
Services
Communications from other City Officers & Boards:
#318
Communication — Council President — Appointments — Clean Energy Advisory
Committee — Bruce A. Egan, Jeffrey D. Elie, Nathan M. Gray & Thomas B.
Keeley
Referred to Public Services
213
#211A
Communication — Planning & Development Director — Proposed Amendment —
Zoning Ordinance #300 -38 — Special Residential District ( "RSD ")
Referred to Legal Affairs in connection with the Joint Public Hearing
with the Planning Board scheduled for Monday, 6 February 2017 na�
7:30 PM
#24713
Communication — Search Committee Recommendation to Request Offer Letter
be sent to Human Resources — Gerard D. Perry
roved on the Floor — Vote: 9 -0
Resolutions:
1. #316 — Resolution — Hunter M. Caron, Eagle Scout
2. #317 — Resolution — Nathaniel D. Abell, Eagle Scout
Council Vice President Houseman commented that he had been involved with Scout Troop #4 in
the past and knew both of these young men when they were earlier in their time in the Troop, and
was not surprised that they had both advanced to Eagle Scout rank. He also mentioned that
Councilor Martin, himself an Eagle Scout from Troop 4, is part of the proud tradition of that Troop
that now includes these two young men, the 83r and 84 Eagle Scouts from Troop 4
Vote to Approve both Resolutions: 9 -0
Acceptance of Minutes of Previous Meetings:
1. Tuesday, 3 January 2017 — Regular Meeting
Vote to Accept: 9 -0
Communications from His Honor the Mayor:
#305
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Joel Margolis,
Worthington Green, Beverly to serve on the Zoning Board of Appeal.
His term is to be effective until January 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
214
#306
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Neil B. Olson, 133
Valley Street, Beverly and Ms. Joanne Panunzio, 31 Old Planters Road, Beverly to serve
on the Trustees of the Public Library.
Their terms are to be effective until January 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#307
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Chad Crandall, 14
Hillcrest Road and Mr. Kevin Ascolillo, 4 Sherwood Lane, Beverly to serve on the
Beverly Golf and Tennis Commission.
In addition, I hereby appoint subject to your review and recommendation Mr. Arthur
Athanas, 77 Hale Street, Beverly to serve on the Beverly Golf and Tennis Commission.
Their terms are to be effective from February 1, 2017 until February 1, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
215
#308
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Bryant Ayles,
Finance Director, 191 Cabot Street, Beverly to serve as the Mayor's Representative on
the Beverly Retirement Board.
His term is to be effective from February 11, 2017 to February 11, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#309
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint subject to your review and recommendation Mr. Kevin Hobin, 6
Gardner Street, Beverly to serve on the Parks and Recreation Commission.
His term is to be effective until December 31, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#310
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
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I hereby appoint subject to your review and recommendation the following citizens to
serve as the Mayoral appointees to the Clean Energy Advisory Committee:
Frederic Hopps, 15 Walcott Road
Julia Q. Long, 17 Pine Road
Lisa W. Lillelund, 4 Chanticleer Drive
Their terms are to be effective until January 31, 2020.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#311
January 17, 2017
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully request that you approve a transfer of $24,130 from the FYI Reserve for
Union Negotiations 11324 / 57810 into the Fire Department budget as a result of the
recently agreed upon memorandum of agreement between the City and the Fire Alarm
Division of the Fire Department. The terms of the contracts cover the periods of FY2015
and FY2016 through FY2018. As such, a portion of the requested transfer will be
allocated to pay retroactive salary adjustments and a portion will be allocated to adjust
the FY2017 budgeted salaries for the Fire Alarm Operators.
Sufficient funds are available within the reserve account to support this transfer, and I am
including a copy of the memorandum of agreement for your review.
Please initiate action on this matter at your next City Council meeting scheduled for
Tuesday, January 17, 2017. This transfer request will require a public hearing be set
prior to a Council vote. Thank you.
Sincerely yours,
Michael P Cahill
Mayor
Referred to Finance & Property to Set a Public Hearin
#312
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
217
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Harbor Management
Authority, has been awarded a Marine Fishing Access Improvements Grant from the
Department of Fish and Game, Division of Marine Fisheries in the amount of $14,850.
With your approval, this grant will be used to improve access to shoreline fishing in
Obear Park — including new signage, clearing pathways to the water, and development of
a trail for better access to the fishing area. Massachusetts General Law Chapter 44
Section 53A requires both Council and Mayoral approval before any grant or gifts to the
city can be expended for their prescribed purpose. I therefore request the Council
approve this grant by taking action on this matter at your upcoming meeting of the City
Council on January 17"', 2017. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#313
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Fire Department, has
been awarded a Mass Decontamination Unit Grant from the Department of Public
Health's Office of Preparedness and Emergency Management in the amount of $2,000.
With your approval, this grant will be used for the deployment and training of the Mass
Decontamination Unit assigned to the Beverly Fire Department. Massachusetts General
Law Chapter 44 Section 53A requires both council and mayoral approval before any
grant or gifts to the city can be expended for their prescribed purpose. I therefore request
the council approve this grant by taking action on this matter at your upcoming meeting
of the City Council on January 17th, 2017. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#314
January 17, 2017
The Honorable City Council
City Hall
Beverly, MA 01915
218
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Emergency Management
Department, has received a Community Clean Energy Resiliency Grant from the
Metropolitan Area Planning Council via the Massachusetts Department of Energy
Resources in the amount of $9,000. With your approval, this grant will be used to
conduct a feasibility study to determine if and how we will implement battery storage at
the Beverly Regional Cache Site, ensuring that the site is well- equipped to operate during
power interruptions. Massachusetts General Law Chapter 44 Section 53A requires both
council and mayoral approval before any grant or gifts to the city can be expended for
their prescribed purpose. I therefore request the council approve this grant by taking
action on this matter at your upcoming meeting of the City Council on January 17' 2017.
Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
Communications, Applications & Petitions:
#319
Communication — Morris, Rossi & Hayes, Attorneys @ Law — Open Space
Conveyance @ Sunnycrest Circle
Referred to Legal Affairs
Motions and Orders (2 Reading):
#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:
Affordable Housing Trust Fund
A. Established. The Beverly Affordable Housing Trust Fund is hereby established.
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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
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;
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(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.
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
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.
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State law reference: M.G.L.A. c. 44, s. 55C.
1S Reading — Tuesday, 3 January 2017
2nd Reading — Monday, 23 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
Reports of Committees:
#311
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Transfer to Fund Contract — BFD Fire Alarm Operators, have considered said matter and beg
leave to report as follows:
Submit the accompanying Order and recommend its adoption:
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 6
February 2017 at 7:15 PM at City Hall, 191 Cabot Street, 3r Floor, Council Chamber, Beverly,
MA relative to a transfer of $24,130 from the FY17 Reserve for Union Negotiations 11324 / 57810
into the Fire Department budget as a result of the recently agreed upon memorandum of
agreement between the City and the Fire Alarm Division of the Fire Department. The terms of the
contracts cover the periods of FY2015 and FY2016 through FY2018. As such, a portion of the
requested transfer will be allocated to pay retroactive salary adjustments and a portion will be
allocated to adjust the FY2017 budgeted salaries for the Fire Alarm Operators. Sufficient funds
are available within the reserve account to support this transfer.
Order read once and adopted — Vote: 9 -0.
#312
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Grant — MA -DFG, DMF — Harbor Management Authority $14,850 Marine Fisheries Access
Improvements, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0.
#313
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Grant — MA -DPH, OPEM $2000 — BFD — Mass Decontamination Unit, have considered said matter
and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0.
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#314
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Grant — MA -DER & MAPC $9000 — Emergency Management Department — Community Clean
Energy Resiliency, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted — Vote: 9 -0.
#295
The Committee on Legal Affairs, to whom was referred the matter of Communication — City Clerk —
Revocation of Pawnbroker's License — Frank Delgaudio d /b /a Beverly Jewelry & Loan, 180 Cabot
Street, have considered said matter and beg leave to report as follows:
Receive and Place on File
Order read once and adopted — Vote: 8 -1, Councilor St. Hilaire opposed.
#297
The Committee on Public Services, to whom was referred the matter of Petition — National Grid —
Plan #23023550 — Pleasant & Rantoul Streets, have considered said matter and beg leave to report
as follows:
Recommend the Petition be granted
Order read once and adopted. Vote: 9 -0
Unfinished Business: None
Meeting Adjourned: 9:16 PM Attest: D. Wesley Slate, Jr.
City Clerk
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