City Council Minutes 01-06-2020Regular Meeting — Beverly City Council, Beverly, MA
MINUTES — Monday, 6 January 2020 @ Noon
Beverly High School Auditorium, 100 Sohier Road
Called to Order @ 12:50 PM as part of Inauguration Ceremony
Roll Call: Stacy M. Ames, Kathleen M
Flowers, John P. Frates Jr., Scott D.
Rotondo, Paul M. Guanci - President.
Feldman, Timothy P. Flaherty, Julie R.
Houseman, Estelle M. Rand, Todd C.
Pledge of Allegiance to the Flag: (Led earlier by the newly - elected City
Councilors & School Committee Members)
Moment of Silence: None
Resolutions: None
Presentations, Awards & Memorials: Address by Council President
xxx
City Council President
Paul M. Guanci
2020 -2021
Comments by Citizens (subject to the conditions contained in Appendix A to
the "Rules and Orders "): Anyone who would like to speak at the Meeting has
until 9:30AM on the day of the Meeting to register with the City Clerk. (Limit of
3 @ 5 minutes each). None
Public Hearings: None
Acceptance of Minutes:
Special Meeting — Monday, 23 December 2019 Approved 9 -0
Election of Council Vice President:
The Council President asked for nominations from the floor for Council Vice
President for the 2020 -2021 term. Councilor Flowers nominated Councilor Rand,
seconded by Councilor Frates. No other nominations were made.
Council President closed nominations and called for a vote. Approved: 9 -0
Communications from His Honor the Mayor:
#001
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I respectfully request that you approve a budget transfer of up to $200,000 into various
municipal department budgets to fund costs associated with the recently settled contract
between the City of Beverly and the Beverly Municipal Employees Association (BMEA).
The terms of the contracts cover the period of FY2019 through FY2021. As such, this
requested transfer will be allocated to pay some retroactive pay adjustments as well as the
increased costs for the remainder of FY20. The Memorandum of Agreement has been
provided to you as an attachment to this correspondence.
The full amount will be transferred from the Reserve for Collective Bargaining 11324 /
57810 to cover these costs. There are sufficient funds available within this reserve
account to support this transfer.
I also want to take this opportunity to thank the union representatives as well as all the
employees covered within this agreement for bargaining in good faith and engaging with
the negotiation team in meaningful discussion to arrive at this agreement. I know I speak
for many when I say that we truly value what you bring to our community and understand
the important role you play in our community's greatness. It is much appreciated.
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I ask that the City Council initiate action on this matter at your next meeting scheduled
for Monday January 6, 2020. 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
Council President entertained a Motion to set a Public Hearing for Tuesday,
21 January 2020 Cat? 7:30 PM, City Hall, 191 Cabot Street, 3rd Floor Council
Chamber, Beverly, MA. Vote: 9 -0.
1 1 �
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the
Beverly City Charter, Aaron Clausen to serve as Beverly's Director of Planning and
Development for a period of three years. His term is to be effective from January 22,
2020 through January 21, 2023.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
11
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the
Beverly City Charter, Bryant Ayles to serve as Beverly's Director of Municipal
Finance /Treasurer for a period of three years. His term is to be effective from January
22, 2020 through January 21, 2023.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#004
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the
Beverly City Charter, Stephanie Williams to serve as Beverly's City Solicitor for a period
of three years. Her term is to be effective from January 22, 2020 through January 21,
2023.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
M
#005
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review as provided in Sec 2 -10 and Sec 3 -3 of the
Beverly City Charter, John LeLacheur to serve as Beverly's Police Chief for a period of
five years. His term is to be effective from January 22, 2020 through January 21, 2025.
Attached is a copy of the contract for your information.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#006
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to
serve as the Mayoral appointment on the Clean Energy Advisory Committee:
Julia Q. Long 17 Pine Road
Sean Leach 63 Kernwood Avenue
Julie DeSilva 201 Elliott Street, No. 407
Their terms are to be effective from January 31, 2020 until January 31, 2023.
Z
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Public Services
#007
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I hereby reappoint, subject to your review and recommendation, Mr. Joel Margolis, 1
Worthington Green, Beverly to serve on the Zoning Board of Appeals.
His term is to be effective from January 31, 2020 until January 31, 2023.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
Council President Entertained a Motion to Accept a LATE FILE from His
Honor the Mayor — Approved — Vote: 9 -0
LATE FILE - #025
January 2, 2020
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable City Council:
I am pleased to inform you that the City of Beverly has been awarded a $136,262 grant
from the Volkswagen Open Solicitation Grant Program to purchase a reduced emissions
diesel chipper dump truck for the City of Beverly's Public Services Division.
This grant is awarded as part of the first cycle of spending by the Baker - Polito
Administration and the Massachusetts Department of Environmental Protection
(MassDEP) of the $75 million share of the $2.9 billion Environmental Mitigation Trust
established under the 2016 settlement between Volkswagen and the U.S. Department of
Justice.
For this particular solicitation, applicants could apply to replace a variety of diesel
vehicles and equipment including a freight - carrying diesel medium -duty or heavy duty
vehicle with an electric, alternate fuel or new diesel version. Grant recipients are
required to scrap the replaced diesel vehicles and equipment.
Massachusetts General Law Chapter 44 Section 53A requires both City Council and
Mayoral approval before any grant, earmark, donation or gift to the city can be expended
for their prescribed purpose. I therefore request the City Council approve this grant by
taking action on this matter at your meeting on January 6, 2020. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Approved on the Floor - Vote: 9 -0
Communications from other City Officers and Boards:
Thursday, 2 January 2020
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
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Committees. My intention for this coming term is to make sure that
every Councilor is on a different Committee from last term; this is
reflected in this term's appointments:
Committee on Finance & Property: Councilor -at -Large Timothy
Flaherty (Chair)
Ward 2 Councilor Estelle Rand
Council President Paul Guanci
Committee on Legal Affairs: Ward 6 Councilor John Frates (Chair)
Ward 4 Councilor Scott Houseman
Ward 5 Councilor Kathleen Feldman
Committee on Public Services: Councilor -at -Large Julie Flowers
(Chair)
Ward 1 Councilor Todd Rotondo
Ward 3 Councilor Stacy Ames
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Approved on the Floor — Vote: 9 -0
#009
Thursday, 2 January 2020
Dear Honorable Council:
I hereby appoint Councilor At Large Paul M. Guanci as representative to ECDC.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Approved on the Floor — Vote: 9 -0
#010
Thursday, 2 January 2020
Dear Honorable Council:
I hereby appoint Councilor At Large Julie Flowers and Councilor Todd Rotondo to
serve as liaison to the Beverly School Committee. I would ask Councilors
Flowers and Rotondo to provide quarterly reports to the full Council detailing
important information and actions taken by the School Committee.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Approved on the Floor — Vote: 9 -0
#011
Thursday, 2 January 2020
Dear Honorable Council:
I hereby appoint Councilors John Frates, Jr. and Kathleen Feldman to serve as
City Council Liaisons to the Beverly Police Department Community Advisory
Council.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
#012
Thursday, 2 January 2020
9
Dear Honorable Council:
I hereby appoint Councilors Scott Houseman and Stacy Ames to serve as City
Council Representatives on the Financial Forecasting Committee.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Approved on the Floor — Vote: 9 -0
#013
Thursday, 2 January 2020
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint Councilors Estelle Rand and Todd Rotondo to serve as City Council
Liaisons to the Beverly Harbor Management Authority.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Approved on the Floor — Vote: 9 -0
#014
Thursday, 2 January 2020
Beverly City Council
191 Cabot St
10
Beverly, MA 01915
Re: Standing Designation of Substitute Chair
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 Chair of the Finance & Property Subcommittee,
the Chair of the Public Services Subcommittee, or the Chair of the Legal Affairs
Subcommittee (as each Subcommittee may then be duly noticed to be in Joint Meeting
with 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.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Approved on the Floor - Vote: 9 -0
#015
Thursday, 2 January 2020
Dear Honorable Council:
Per our Home Rules Charter, Ch. C, Art. 8, Sect. 8 -1, "Charter changes ": (b) "Periodic
review — The City Council shall provide, in every year ending in a zero, for a review of
the Charter by a special or standing committee of the Council and four additional
persons to be appointed by the Council President. The said committee shall file a report
within the said year recommending any changes in the Charter which it may deem to be
necessary or desirable ".
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Accordingly, I hereby appoint Councilor -at -Large Timothy Flaherty (former Member of
the Charter Review Commission) and Councilor Stacy Ames to serve as City Council
Representatives on the Charter Review Committee.
Further I would ask that you provide me with any recommendations for Citizen
Representatives for me to consider for those four "additional persons to be appointed by
the Council President'.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Referred to Legal Affairs
#016
Thursday, 2 January 2020
Dear Honorable Council:
Per our Code of Ordinances, Ch. 69, Art.II, Sect. 69 -12. "Unclassified salaries ":
(C) `Biannual review. The annual salaries of the Mayor, City Council, and School Committee
shall be reviewed by the City Council in each even - numbered year. "
Accordingly, per the recommendation of our Council Budget /Management Analyst, Mr.
Gerard Perry, it is my intention to establish a Special Committee of the Council with
three Citizen Representatives who have expertise in fiscal and salary management, to
work with Mr. Perry and make recommendations in this area back to us for our
consideration during this calendar year.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Referred to Finance & Property
#017
Thursday, 2 January 2020
Beverly City Council
12
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Frederic L. Hopps, 15
Walcott Road; and Thomas B. Keeley, 27 Brackenbury Lane, as the Council Appointees
to the Clean Energy Advisory Council. Their terms to be effective from January 31,
2020 to January 31, 2023.
Thank you for your consideration.
Respectfully,
Paul M. Guanci, Council President
& Councilor -at -Large
Referred to Public Services
1 '
Thursday, 2 January 2020
Honorable City Council
191 Cabot Street
Beverly, MA 01915 -5891
Dear Honorable Council:
Attached is a REVISED 2020 City Council Regular Meetings schedule. You will note
changes in the Regular Meeting dates in March and November, and for the State Primary
in September.
The former were made to avoid a Council Meeting the night before the Presidential
Primary in March and the State Election in November. As both month include 5
Mondays, these changes to not adversely affect the gaps between Meetings.
The State Primary date was changed by the Legislature from Secretary Galvin's original
recommendation of 15 September to the new date of 1 September.
Respectfully,
D. Wesley Slate, Jr.
City Clerk
Encl.
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Approved on the Floor — Vote: 9 -0
,11 •
City Clerk Application for License — Livery — Robert E. Mannix, 44 Western AV
Referred to Le -gal Affairs
#020
City Clerk - Application for License — Livery — Tri -City Services, Inc., 55R Walnut ST
/ Peabody, MA
Referred to Legal Affairs
rl
City Clerk - Application for License — Livery — Malden Car Services Inc., 52 Friend
ST
Referred to Legal Affairs
##022
City Clerk - Application for License — Motor Vehicle Dealer, Class I — Kelly Ford
Inc., 420 Cabot ST
Referred to Legal Affairs
14
Council President Entertained a Motion to Accept a LATE FILE from the
Community Preservation Committee — Approved — Vote: 9 -0
LATE FILE - #026
Community Preservation Committee — Request from the Planning Department for
$52,000.00 in additional funding for the Powder House Preservation Project (Set a
Public Hearing)
Council President entertained a Motion to set a Public Hearing for Tuesday,
21 January 2020 (aD 7:45 PM, City Hall, 191 Cabot Street, 3rd Floor Council
Chamber, Beverly, MA. Vote: 9 -0.
Communications, Applications & Petitions
#023
Englander & Chicoine, P.C., 44 School ST, STE 800 / Boston — Response to
Notice of Intent to Sue under MGL Ch.214 Sect. 7A, 1 Water ST
Received and Placed on File — Vote: 9 -0
#024
MA Department of Environmental Protection — Written Determination & Draft
Waterways License pursuant to MGL. Ch.91 — Waterways Application No. W18-
5423N — Richard J. Kelly Trust, Filled Tidelands & Shoreline Stabilization Project,
Filled & Flowed Tidelands of Salem Sound, 76 Paine AV
Received and Placed on File — Vote: 9 -0
Council President Entertained a Motion to Accept a LATE FILE from the
Council President — Approved — Vote: 9 -0
LATE FILE - #027
Resolution
D. Wesley Slate, Jr., Beverly City Clerk 2015 -2020
& Former Ward II Councilor 2008 -2013
January 6, 2020
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WHEREAS: Wes Slate, Beverly City Clerk, and Former Ward II Councilor,
having dedicated the past 12 years to serving the citizens of Beverly, has now
declared as he turns 70 years of age, that he is retiring. We pause for a
moment to reflect on, and to thank him for his service to the people of Beverly,
and to the Beverly City Council; and
WHEREAS: After his election in November 2007 as Ward II Councilor, he
became known for his outstanding dedicated and thorough constituent
service. Residents were never surprised to find him driving through the
streets, or standing in their driveways in Ward 2, notebook in hand, taking
notes regarding issues that he was working on. His attention to detail led to
being assigned as a rookie councilor, to "bring home" the ongoing quest to
complete the City Charter mandated updates on the City Ordinances (a 400
page document). His "get it done" strong work ethic prevailed, and a
momentous task was finally off the list. His business world ATT past followed
him onto the Council, with his keen ability and desire to build relationships
with those people in the city that solve people's problems. The fire fighters,
police, public works employees and people working in the schools, Wes saw
them all as part of the team for his constituents; and
WHEREAS: The Clerk's position opened up in 2015 due to a retirement, and
following a long hiring process, Wes was hired based on his unique
background as an educator, businessman and former City Councilor. These
skills have served the office very well as much thought and effort have gone
into streamlining the office space, researching and purchasing new voting
machines, hiring additional staff, seeking out CPC Funds to continue the
preservation of original documents, updating the Rules and Regulations of the
City Council, creating an early voting design plan, creating the Daily Update for
Councilors, and overseeing the day to day business especially his favorites,
"babies, weddings, and dogs" and always working many extra hours, seeking
to help colleagues and constituents. Beyond Beverly, Wes has been a very
active member of the City Clerks Association, and was appointed as their
Secretary;
NOW THEREFORE: The City of Beverly has benefitted from his education, and
the experience that he has brought to us all. We thank him sincerely; wish him
health and happiness in his retirement, and order that the City Clerk spread a
copy of this Resolution upon the City records.
Approved on the Floor — Vote: 9 -0
Unfinished Business: None
Motions and Orders: None
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Meeting Adjourned: 1:22 PM Attest: D. Wesley Slate, Jr.
City Clerk
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