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City Council Minutes 01-21-2020Regular Meeting — Beverly City Council, Beverly, MA MINUTES — Monday, January 21, 2020 @ 7:00 PM Beverly City Hall, 191 Cabot Street, 3r Floor Called to Order @ 7:00 PM Roll Call: Stacy M. Ames, Kathleen M. Feldman, Timothy P. Flaherty, Julie R. Flowers, Scott D. Houseman, Estelle M. Rand, Todd C. Rotondo, Paul M. Guanci - President. Absent: John P. Frates Jr. Pledge of Allegiance to the Flag: Councilor Ames Moment of Silence: Myron Hood, Retired Employee of Beverly for over 40 years. Resolutions: None Presentations, Awards & Memorials: 1. Fred Hopps -Clean Energy Advisory Committee Update 2. Richard Benevento - Parking and Traffic Commission Annual Update 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). 1. Jerry Guilebbe, 26 Vine Street Public Hearings: 1. 7:30 PM- #001 — Budget Transfer - $200,000 - Beverly Municipal Employees Association Contact FY2019 -2021 Public Hearing Held and Closed and Referred back to Finance & Property 2. 7:45 PM- #026- Request from the Planning Department for $52,000.00 in additional funding for the Powder House Preservation Project. Public Hearing Held and Closed and Referred back to Finance & Property Acceptance of Minutes of Previous Meeting: Regular Meeting — January 6, 2020 Council President Entertained a Motion to Accept the Minutes - Approved 8 -0 Communications from His Honor the Mayor: #028 January 14, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: Brimbal Avenue Landfill Solar Project Dear Honorable City Council: Enclosed, please find an Order seeking authorization to accept a grant of an amended easement for the solar project at the capped landfill on Brimbal Avenue. By virtue of Order 2019 -368C, the Council authorized the City to acquire, among other things, a Solar Equipment Front Lot Easement that grants the City and its lessee access to the landfill for the purposes of constructing and operating the proposed solar facility. Due to topographic conditions at the site, it is necessary to extend the Solar Equipment Front Lot Easement as set forth in the attached amendment. Please initiate action on this matter at your next City Council meeting, January 21, 2020. Thank you. Sincerely yours, Michael P. Cahill Mayor Order Authorizing the City to Accept Grant of Amended Easement The City, acting by and through the Mayor, is authorized to accept the grant of easements set forth in the Amendment To First Amendment To Landfill Access Easement Agreement, attached hereto, between and among the City of Beverly ( "City "), and Leo J. Maestranzi and Richard J. Maestranzi, Jr., as Special Personal Representative of the Estate of Richard J. Maestranzi ( "Maestranzi ").The Amendment to First Amendment shall be substantially in conformity with the document attached hereto. This Order authorizes the Mayor to execute any formalities relative to the agreement and to revise any scrivener and /or clerical errors and to make edits that do not materially change the substance of the agreements. Referred to Legal Affairs 2 #029 January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Ms. Alysha Monfette, 268 Essex Street, Beverly to serve on the Human Rights Committee. She will fulfill the term of Arthur Athanas who recently stepped down. Her term is to be effective until April 4, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Legal Affairs #030 January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Ms. Lisa Willwerth, 15 Fern Street, Beverly to serve on the Waste Reduction Committee. Her term is to be effective until March 31, 2022. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services 3 #031 January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation, Ms. Joanne Panunzio, 31 Old Planters Road and Ms. Colleen Michaels, 18 Madison Avenue, Beverly to serve on the Trustees of the Public Library. Their terms are to be effective from January 31, 2020 until January 31, 2023. Sincerely yours, Michael P. Cahill Mayor Referred to Public Services #032 January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve on the Beverly Golf &Tennis Commission: Chad Crandall 14 Hillcrest Road Arthur Athanas 77 Hale Street, Andy Cooper 24 Everett Street Their terms are to be effective from February 1, 2020 until February 1, 2023. Sincerely yours, Michael P. Cahill M Mayor Referred to Public Services #033 January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council: I hereby appoint, subject to your review and recommendation, Mr. Paul Manzo, 89 Lovett Street, Beverly to serve as the Mayor's Appointee on the Financial Forecasting Committee. His term is to be effective until December 31, 2021. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 RE: Briscoe Middle School Sale Dear Honorable City Council: Enclosed please find an Order seeking authorization to proceed with the execution of all 5 documents and legal instruments required for the sale of Briscoe Middle School to Harborlight Community Partners ( "HCP "). Also enclosed is HCP's proposal. I request that the matter be referred to the appropriate subcommittee for discussion and consideration on a mutually agreeable meeting date after your January 21, 2020 meeting. Sincerely yours, Michael P. Cahill Mayor Attachments Order Regarding Briscoe School Sale The Mayor is authorized to negotiate and execute on behalf of the City any and all documents and legal instruments required to complete the sale of 7 Sohier Road, City of Beverly, Essex County Massachusetts, commonly known as the Briscoe Middle School, including but not limited to a purchase and sale agreement and deed in order Referred to Finance & Property Council President Entertained a Motion to Accept a LATE FILE from His Honor the Mayor — Approved — Vote: 8 -0 LATE FILE - #041 January 16, 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 Washer- Extractor Equipment Grant from the Executive Office of Public Safety and Security (EOPSS) and the Department of Fire Services (DFS). The initial grant award amount was $6,416.72 however the amount has been slightly increased to $6,573.13. Please accept and approve the new grant award amount. This grant funding will be used by the Beverly Fire Department to purchase a new washer - extractor to clean firefighting gear after it has been exposed to smoke, dangerous contaminants and other toxic chemicals. A national standard set by the National Fire Protection Association (NFPA) on the care and cleaning of structural firefighting gear delineates specific types of machines that should be used to effectively remove cancer- IJ causing chemicals after each fire. Massachusetts General Law Chapter 44 Section 53A requires both City Council and Mayoral approval before grant or gifts 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 21, 2020. Thank You Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property Communications from other City Officers and Boards: #034 January 16, 2020 The Honorable City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council, I hereby reappoint, subject to your review and recommendation, Mr. Gerard Perry, 60 Burpee Road, Swampscott, MA, as the City Council's Budget /Management Analyst. In the three years that he has served in that capacity, he has more than proven his value to this Council, and I believe it is fair to say the Mayor and his Administration, and in particular the Finance Director /Treasurer Bryant Ayes. The combination of his long experience with the Massachusetts Department of revenue, his early work as a police officer, and his education, along with his good, common sense, make his advice and counsel to this body and our City Clerk a winning combination for all. His term to be effective from February 1, 2020 to February 1, 2023 Respectfully, Paul M. Guanci, Council President & Councilor -at -Large Referred to Finance & Property #035 January 6, 2020 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of (30) Thirty Livery applications for Tristar Worldwide aka American Limo aka Addison Lee, 100 Cummings Ctr Suite 220G, Beverly, MA, the current license has expired on December 31, 2019. City Council approval is needed to complete the process for licensing. Thank you for your assistance concerning this matter. Respectfully, D. Wesley Slate, Jr City Clerk Referred to Legal Affairs #036 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is an application for a Class II Motor Vehicle License. IGM Enterprises d/b /a Cobblestone Motors, 119 Rantoul Street. City Council approval is needed to complete the process for licensing. Thank you for your assistance concerning this matter. Respectfully, D. Wesley Slate, Jr City Clerk Referred to Legal Affairs #037 COMMONWEALTH OF MASSACHUSETTS WILLIAM FRANCIS GALVIN SECRETARY OF THE COMMONWEALTH SS. Warrant for Presidential Primary To the City Councilors of the City of Beverly, GREETINGS: In the name of the Commonwealth, you are hereby required to notify and warn the inhabitants of said City who are qualified to vote in Primaries to vote at the following locations: Ward 1, Precinct 1, Ayers -Ryal Side School, 40 Woodland Avenue Ward 1, Precinct 2, Ayers -Ryal Side School, 40 Woodland Avenue Ward 2, Precinct 1, Beverly Public Library, Winter Street Entrance Ward 2, Precinct 2, Beverly Public Library, Winter Street Entrance Ward 3, Precinct 1 McKeown Elementary School, 70 Balch Street Ward 3, Precinct 2, McKeown Elementary School, 70 Balch Street Ward 4, Precinct 1, Cove Elementary School, 20 Eisenhower Avenue Ward 4, Precinct 2, Cove Elementary School, 20 Eisenhower Avenue Ward 5, Precinct 1, North Beverly Elementary School, 48 Putnam Street Ward 5, Precinct 2, North Beverly Elementary School, 48 Putnam Street Ward 6, Precinct 1, Centerville Elementary School, 17 Hull Street Ward 6, Precinct 2, Centerville Elementary School, 17 Hull Street TUESDAY, THE THIRD DAY OF MARCH, 2020, from 7:00 A.M. to 8:00 P.M. for the following purpose: To cast their votes in the Presidential Primary for the candidates of political parties for the following offices: PRESIDENTIAL PREFERENCE. COMMONWEALTH STATE COMMITTEE MAN ...... DISTRICT STATE COMMITTEE WOMAN DISTRICT ... ............................... FOR THIS ... ............................... SECOND SENATORIAL ...... ............................... SECOND SENATORIAL WARD COMMITTEES .................... ............................... CITY OF BEVERLY Hereof fail not and make return of this warrant with your doings thereon at the time and place of said voting. Given under our hands this 21 st day of January, 2020. so Councilors of City of Beverly ATTEST: D. Wesley Slate, Jr., City Clerk Approved on the Floor — Vote: 8 -0 January 9, 2020 Beverly City Hall Attn: Beverly City Council MEPA Reviewer 191 Cabot Street Beverly, MA 01915 Dear Reviewer, RE: MEPAApplication- Endicott College Proposed Seawall Replacement Foth is pleased to submit this permit application for the above project on behalf of Endicott College. The existing seawall at the project site was partially destroyed in the March 2018 Nor'Easters. In the intervening time Foth prepared ten (10) alternatives and compared their level of protection vs each alternative environmental impact to restore protection to the project site. The attached package provides a summary of all considered alternatives and justification for the selected designs. Foth looks forward to receiving the comments from the project stakeholders. Sincerely, Foth Infrastructure and Enviroment Scott R. Skuncik P.E. Senior Client Manager -Ports & Harbors Received and Placed On File #039 South Essex Sewage District - Annual Treasurers Report (Copy in City Clerk's Office) 10 Received and Placed On File Unfinished Business: None Motions and Orders: None Reports of Committees: #001 - The Committee on Finance & Property to whom was referred the matter of Communication – Budget Transfer up to $200,000 into various municipal department budgets to fun costs associated with recent contracts between City & BMEA- 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 #003- The Committee on Finance & Property to whom was referred the matter of Communication – Reappointment of Director of Municipal Finance /Treasurer - Bryant Ayles -have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment — Vote: 8 -0 #026- The Committee on Finance & Property to whom was referred the matter of Communication – Request from the Planning Dept. for $52,000.00 in additional funding for the Powder House Preservation Project - 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 #041- The Committee on Finance & Property to whom was referred the matter of Communication – LATE File- Grant -MA Executive Office of Public Safety & Security & the Dept of Fire Services (DFS) increased grant amount $6,573.13 (related to Order #508- 2019)- 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 #002- The Committee on Legal Affairs to whom was referred the matter of Communication – Reappointment – Director of Planning and Development -Aaron Clausen- have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment — Vote: 8 -0 #004- The Committee on Legal Affairs to whom was referred the matter of Communication – Reappointment –City Solicitor Stephanie Williams - have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointment — Vote: 8 -0 #028- The Committee on Legal Affairs to whom was referred the matter of Communication – Authorization to accept a grant of an Amended easement for the 11 Brimbal Ave Landfill Solar Project, to wit: Recommend the Council approve the request Order read once and adopted -Vote 8 -0 #035- The Committee on Legal Affairs to whom was referred the matter of Communication – Application for Livery Licenses for Tri Star Worldwide aka American Limo aka Addison Lee, 100 Cummings Ctr Suite 220G- have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License be granted —Vote: 8 -0 #036 -The Committee on Legal Affairs to whom was referred the matter of Communication – Application for Class II Motor Vehicle License IGM Enterprises Inc. d/b /a Cobblestone Motors, 119 Rantoul Street - have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License be granted —Vote: 8 -0 #006- The Committee on Public Affairs to whom was referred the matter of Communication – Reappointments -Clean Energy Advisory Committee -Julia Q. Long, 17 Pine Road, Sean Leach, 63 Kernwood Ave, & Julie DeSilva, 201 Elliott Street #407 - have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments — Vote: 8 -0 #017- The Committee on Public Affairs to whom was referred the matter of Communication – Reappointments -Clean Energy Advisory Committee - Council Appointees- Frederic L Hopps, 15 Walcott Road and Thomas B. Keeley, 27 Brackenbury Lane- have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the reappointments — Vote: 8 -0 Meeting Adjourned: 8:58PM Attest: D. Wesley Slate Jr., City Clerk 12