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Minutes - Special - Monday 17 July 2017Special Meeting - Beverly City Council, Beverly, MA MINUTES - Monday, 17 July 2017 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Council Chamber Called to Order @ 7:06 PM Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F. Latter, Donald G. Martin (absent), Estelle M. Rand, Matthew J. St. Hilaire, Jason C. Silva, Paul M. Guanci- President. Pledge of Allegiance to the Flag: Councilor Latter Moment of Silence: None Resolutions: None Recognition: None Presentations, Awards & Memorials: None Public Hearings: None Acceptance of Minutes of Previous Meeting: None Communications from His Honor the Mayor: #455 July 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully request that you approve a budget transfer of $1,060,320 into the Fire Department budget to fund costs associated with the recently settled contracts between the City of Beverly and the Firefighters Union. 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 pay adjustments for FYI 5, FYI 6, and FYI 7. The remaining amount will be allocated to the FY2018 salary lines to support the adjusted FY2018 costs associated with the contracts for the remainder of the budget year. $990,054 of the requested $1,060,320 will be transferred from the Reserve for Union Negotiations 11324 / 57810 and the remaining $70,266 will be transferred from the Reserve for Unforeseen 11324 / 57820. There are sufficient funds available within these reserve accounts to support this transfer. Please initiate action on this matter at your next City Council meeting scheduled for Monday July 17, 2017. This transfer request will require a public hearing be set and held prior to a Council vote. Thank you. Sincerely yours, Michael P Cahill Mayor O Referred to Finance & Property to Set a Public Hearing #456 July 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to inform you that the City of Beverly, through our Engineering Department, has received a Green Communities Grant from the Massachusetts Department of Energy Resources in the amount of $250,000. With your approval, this grant will be used to fund conversion of the City's streetlights to LED. 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 July 17, 2017. Thank you. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property Council President entertained a Motion to accept two Late Files from His Honor the Mayor — Approved — Vote: 8 -0 LATE FILE - #466 July 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I respectfully request that you approve a budget transfer of $92,500 from the Solicitor's Litigation budget 11512 / 53079 and $130,000 from the Reserve for Unforeseen 11324 / 57820. This budget transfer request totals $222,500 and upon your approval will be placed into the city Settlements and Judgements account 11324 / 53080. Please initiate action on this matter at your next City Council meeting scheduled for Monday July 17, 2017. This transfer request will require a public hearing be set and held prior to a Council vote. Thank you. Sincerely yours, Michael P Cahill Mayor Referred to Finance & Property to Set a Public Hearing OR LATE FILE - #468 July 17, 2017 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable City Council: I am pleased to announce that the City of Beverly has recently been awarded The Certificate of Achievement for Excellence in Financial Reporting by the Government Finance Officers Association of the United State and Canada (GFOA) for its comprehensive annual financial report (CAFR). The Certificate is the highest form of recognition in the area of governmental accounting and financial reporting. I would like to commend Finance Director Bryant Ayles, City Accountant Carol Augulewicz, City Collector Rose Guiffrida, Assistant Assessor Terry DeBlasie and their staff for their hard work and due diligence in receiving this well - deserved recognition. Sincerely yours, Michael P. Cahill Mayor Received and Placed on File — Vote: 8 -0 Council President requested a copy of the Commendation be sent to the Council's Budget /Management Analyst, Gerard Perry Communications from other City Officers & Boards: #432A Councilor Martin — Reappointment — OSRC Ward 5 Representative — David Alden -St. Pierre, 179 Dodge Street Referred to Leaal Affairs #457 BPD Chief John G. LeLacheur — Acceptance of Donation — 2012 Ford E -350 Ambulance Referred to Finance & Pro #458 Chair, Beverly Regional Airport Commission — Resignation — William F. Mahoney Council President read the Letter of Resignation into the Record Received and Placed on File — Vote: 8 -0. 300 #459 Chairman, Beverly Regional Airport Commission — Request Approval of 1010 Hangars, LLC Lease Referred to Legal Affairs Council President entertained a Motion to accept two Late Files from Council Vice President — Approved — Vote: 8 -0 LATE FILE - #4456 Council Vice President — Outside Counsel Referred to Legal Affairs LATE FILE - #467 Council Vice President — Zoning Ordinance Amendment — Article IX, Section 300 -59 "Cultural Heritage Properties" Referred to Legal Affairs Communications, Applications & Petitions: #460 Application - License to Peddle — Clothing — Victoria Roberts, 102 Pond Street / Georgetown Referred to Legal Affairs #461 Communication — MASS -DEP — Draft Waterways License — Waterways License Application #W17 -4909, 17 Riverview Street Received and Placed on File — Vote: 8 -0 #2146 Communication — Resignation — OSRC Ward 3 Representative — Barbara King Koenig, 42 Lyman Street (relocating to Salem) Received and Placed on File — Vote: 8 -0 301 #462 Communication — Chair, Beverly Farmers' Market Board of Advisors — 2017 Wine Vendors (2 additional) Referred to Legal Affairs Council President entertained a Motion to accept three Late Files — Approved — Vote: 8 -0 LATE FILE - #463 Request for Waiver of Ordinance — Alcohol in Public Buildings or Public Way — Atomic Cafe, 268 Cabot Street — Grand Prix Bike Race — Wednesday, 26 July 2017 Referred to Leaal Affairs LATE FILE - #464 Communication — Jeffrey Stanett, 11 Colgate Road / Marblehead — Parking Issue @ 60 River Street Referred to Legal Affairs, the Parking & Traffic Commission, and the BPD Traffic /Safety Sergeant, Tony DiRuzza LATE FILE - #465 Request for Waiver of Ordinance — Alcohol in Public Buildings for Artist's Reception @ Beverly Farms Library — Thursday, 7 September 2017 — Carol Horvitz, 65 West Street / Beverly Farms Referred to Leaal Affairs Unfinished Business: #374A (2 Reading) The Committee on Legal Affairs, to whom was referred the matter of Communication — Planning Board Recommendation re #2017 -374 — Ground Floor Activated Uses Zoning Amendment, have considered said matter and beg leave to report as follows, to wit: 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 seventeen An Ordinance amending an Ordinance relative to: PROPOSED ZONING AMENDMENT: ACTIVATED GROUND FLOOR USE 302 The following proposed changes to the proposed zoning amendment for Activated Ground Floor Use in the CC District have been suggested between March 30, 2017 and May 30, 2017. Section 300 -5. Definitions Activated Ground Floor Use, Item (1) — Add "(16) Taxi, rail, bus passenger terminal' as exception to permitted uses by- right. Core Pedestrian Area — Changed "Fayette Street" to "Edwards Street" due to writing error in initial draft. Section 300 -40I. Activated Ground Floor Development Standards (2) Change "hotel' to "hotel /motel' for greater accuracy and broader coverage (5) Add "(windows)" after "transparency. Revise 2n sentence to read: "Dark tinting and completely covered windows should be avoided." (6) Add "Where permitted outside the Core Pedestrian Area," at the beginning of the 2n sentence, before "Residential... " and change "should" to "may ". Add new - (7) On buildings with a zero foot front setback, doorways shall be recessed, at a minimum distance equal to the swing of the door, to add visual character to the street and prevent doors from opening into the sidewalk. Doorways on buildings with greater front setback may also consider a recessed doorway. PROPOSED ZONING AMENDMENT March 30, 2017 *revised May 30, 2017* The Beverly Planning Department hereby submits a proposed amendment to the Beverly Zoning Ordinance Chapter 300, Article II — Definitions and Article XVII — District Regulations. The following amendments are proposed: Section 300 -5 [Definitions] Add the following new definitions to Section 300 -5. Activated Ground Floor Use Uses that encourage and support pedestrian activity on the ground floor of buildings and meet the Activated Ground Floor Development Standards in Section 300 -40I. They include: (1) Non - residential uses permitted by right in Section 300 -40B except not (11) funeral home, (14) data processing center, etc., (15) printing and publishing establishments, J 16 Taxi, rail, bus passenger terminal; (2) Non - residential uses permitted by special permit according to Section 300 -40C, only including (1)(g) hotel or motel, (1)(h) place of commercial recreation, (1)(m) maker space, and (2)(a) Bed & Breakfast; (3) Lobby and circulation space serving a multi - family dwelling, pursuant to Section 300 -40I; and (4) Open space or area that is accessible to the general public (e.g. pocket park, plaza). In the Core Pedestrian Area, this use does not include any other uses accessible only to residential tenants, or their management, of the same building, including single -unit residential entrances, trash/recycling areas, metering stations and utilities (except fire service stand pipes), delivery and service bays, and other typically back -of -house functions for residential. Drive - through uses are not permitted. Core Pedestrian Area Refers to those parcels within the CC Central Business District that front on (a) either side of Cabot Street (a "Primary Street ") from Elliott Street to Highland Avenue; or (b) either side of Rantoul Street (a "Primary Street ") from Bow Street to Edwards Street; or (c) lower Railroad Avenue and Broadway (both "Primary Streets ") only where they face Odell Park. This area need not be shown on the Zoning Map. 303 Section 300 -40 [CC Central Business District] Amend Section 300 -40.B. Uses by right. Property and buildings shall be used only for the following purposes: B._Uses by right. Property and buildings shall be used only for the following purposes: (3) Mixed -use building containing both commercial and residential (multi - family dwelling) uses, provided: (a) In the Core Pedestrian Area (as defined in Section 300 -5), 100% of the ground floor facing the primary street shall be occupied by an Activated Ground Floor Use (as defined in Section 300 -5) and the use(s) shall meet the Activated Ground Floor Design Standards in Section 300 - 40I. If a specific use is listed separately under Section 300 -40C, the special permit still applies. (b) Outside the Core Pedestrian Area (as defined in Section 300 -5), the ground floor facing the primary street shall be designed to accommodate an Activated Ground Floor Use (as defined in Section 300 -5) and to meet the Activated Ground Floor Design Standards in Section 300 - 40I in anticipation of future market demand for non - residential uses. However, while Activated Ground Floor Uses are encouraged, residential uses, including residential units, and any other use permitted by right, may be located on the ground floor. If a specific use is listed separately under Section 300 -40C, the special permit still applies. Amend Section 300- 40C(1). Uses by Special Permit. CUses by special permit. The following uses are only allowed by special permit granted by the Planning Board: (a) Multifamily dwelling, apartment house, or mixed -use building that does not meet the standards specified in Section 300- 40B(3). Subject to Subsection H, Special Requirements for Multiple Buildings, if applicable. I... ] Add new Section 300 -40I. Activated Ground Floor Development Standards. Section 300 -40I. Activated Ground Floor Development Standards. The development of Activated Ground Floor Uses in the CC District shall be in accordance with the following standards, as well as the Beverly Downtown Design Guidelines and Design Guidelines for Tall Buildings, as applicable: (1) Buildings shall extend across a minimum of 80% of the lot at the frontage on the primary street, allowing for vehicular and pedestrian circulation. Public open space at the sidewalk may be included in the 80% if a building is located behind it. (2) No more than 25% of the ground floor space in the building facing the primary street can support any combination of residential lobby and residential circulation, private open space, and/or hotel /motel uses, in the Core Pedestrian Area. (3) Uses on the ground floor shall have no less than 25 feet of building depth (or the full depth of the building, whichever is less). (4) The floor to floor height of ground floors shall be no less than 12 feet in all mixed -use buildings in the CC District, regardless of residential use on the ground floor. Floor to floor heights may be adapted to accommodate grade changes along the street as necessary. (5) In the Core Pedestrian Area, the glazing /transparency (windows) of the facade shall extend for 70% of the facade width, between 2 feet and 10 feet from the sidewalk grade. Dark tinting and completely covered windows should be avoided. (6) On ground floors facing primary streets, doorways shall open directly to the sidewalk. Where permitted outside the Core Pedestrian Area, residential units on the ground floor may open to the sidewalk where feasible. On buildings with a zero foot front setback, doorways shall be recessed, at a minimum distance equal to the swing of the door, to add visual character to the street and prevent doors from opening onto the sidewalk. Doorways on buildings with greater front setback may also consider a recessed doorway. 304 Frist Reading: Monday, 5 June 2017 Second Reading: Monday, 17 July 2017 Ordinance to take effect upon Publication & Final Passage Final Passage: Monday, 31 July 2017 Order read once and adopted — Vote: 8 -0 Motions and Orders: None Reports of Committees: #455 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — BFD Contract Funding, have considered said matter and beg leave to report as follows, to wit: Submit the accompany Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 31 July 2017 at 7:10 PM at City Hall, 191 Cabot Street, 3rd floor Council Chamber, Beverly, MA, relative to a request from the Mayor to approve a budget transfer of $1,060,320 into the Fire Department budget to fund costs associated with the recently settled contracts between the City of Beverly and the Firefighters Union. 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 pay adjustments for FY15, FY16, and FY17. The remaining amount will be allocated to the FY2018 salary lines to support the adjusted FY2018 costs associated with the contracts for the remainder of the budget year. $990,054 of the requested $1,060,320 will be transferred from the Reserve for Union Negotiations 11324 / 57810 and the remaining $70,266 will be transferred from the Reserve for Unforeseen 11324 / 57820. There are sufficient funds available within these reserve accounts to support this transfer. Order read once and adopted — Vote: 8 -0 #456 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — MA- DOER Green Communities Grant $250K — LED Streetlights, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted — Vote: 8 -0 #457 The Committee on Finance & Property, to whom was referred the matter of Communication — BPD Chief John G. LeLacheur — Acceptance of Donation — 2012 Ford E -350 Ambulance, have considered said matter and beg leave to report as follows: 305 Recommend the Council Approve the Request Order read once and adopted — Vote: 8 -0 #466 The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor — Budget Transfers, have considered said matter and beg leave to report as follows, to wit: Submit the accompany Order and recommend its adoption: ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 31 July 2017 at 7:30 PM at City Hall, 191 Cabot Street, 3rd floor Council Chamber, Beverly, MA relative to a budget transfer of $92,500 from the Solicitor's Litigation budget 11512 -53079 and $130,000 from the Reserve for Unforeseen 11324/57820. This budget transfer request totals $222,500 and upon approval will be placed into the city Settlements and Judgements account 11324/53080. Order read once and adopted — Vote: 8 -0 #440 The Committee on Legal Affairs, to whom was referred the matter of Reappointment — Constable John L. Massa, 96 Woodland South / Lynn MA, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment Order read once and adopted — Vote: 8 -0 #441 The Committee on Legal Affairs, to whom was referred the matter of Reappointment — Constable Douglas T. Vigliotta — 9 Deer Haven Road / Beverly, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment Order read once and adopted — Vote: 8 -0 #443 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointments —At -Large Representatives to OSRC — Charlie Mann, 21 Riverview Street & Gregory Sharp, 8 Leather Lane, have considered said matter and beg leave to report as follows, to wit. Recommend the Council approve the reappointments Order read once and adopted — Vote: 8 -0 #452 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Reappointment — CPC — Christy Edwards — 9 Edwards Street, have considered said matter and beg leave to report as follows, to wit. Recommend the Council approve the Reappointment 306 Order read once and adopted — Vote: 8 -0 #453 The Committee on Legal Affairs, to whom was referred the matter of Communication — Mayor — Appointment — CPC — John Hall — 143 Colon Street, have considered said matter and beg leave to report as follows, to wit. Recommend the Council approve the Appointment. Order read once and adopted — Vote: 8 -0 #459 The Committee on Legal Affairs, to whom was referred the matter of Communication — Chairman, Beverly Regional Airport Commission — Request Approval of 1010 Hangar, LLC Lease, have considered said matter and beg leave to report as follows, to wit. Recommend the Council Approve the Request Order read once and adopted — Vote: 9 -0 #460 The Committee on Legal Affairs, to whom was referred the matter of Application — License to Peddle — Clothing — Victoria Roberts, 102 Pond Street / Georgetown, have considered said matter and beg leave to report as follows, to wit. Recommend the License be Granted Order read once and adopted — Vote: 8 -0 #462 The Committee on Legal Affairs, to whom was referred the matter of Communication — Chair, Beverly Farmers' Market Board of Advisors — 2017 Wine Vendors (2 additional), have considered said matter and beg leave to report as follows, to wit. Recommend the Council approve the Request Order read once and adopted — Vote: 7 -0 -1 (Councilor Rand recused herself) #463 The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Ordinance — Alcohol in Public Buildings or Public Way — Atomic Cafe, 268 Cabot Street — Grand Prix Bike Race — Wednesday, 26 July 2017, have considered said matter and beg leave to report as follows, to wit. Recommend the Council approve the Request Order read once and adopted — Vote: 8 -0 #465 307 The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Ordinance - Alcohol in Public Buildings - Artist's Reception @ Beverly Farms Library - Thursday, 7 September 2017 - Carol Horvitz, 65 West Street / Beverly Farms, have considered said matter and beg leave to report as follows, to wit. Recommend the Council approve the Request Order read once and adopted — Vote: 8 -0 #442 The Committee on Public Services, to whom was referred the matter of Communication - Mayor - Reappointment and waiver of residency requirement - Council on Aging - Jessica Wistran, Esq., 65 Lexington Circle / Swampscott, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Reappointment and waive the residency requirement Order read once and adopted — Vote: 8 -0 Meeting Adjourned: 7:42 PM Attest: D. Wesley Slate, Jr. City Clerk 308 I