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City Council Minutes 06-15-2020Beverly City Council June 15, 2020 Meeting Minutes Page 1 of 8 CITY OF BEVERLY PUBLIC MEETING MINUTES BOARD OR COMMISSION: SUBCOMMITTEE: DATE: LOCATION: MEMBERS PRESENT: MEMBERS ABSENT: OTHERS PRESENT: 17�TK�77��l� City Council June 15, 2020 Held virtually over Google Meet President Paul Guanci, Tim Flaherty, Julie Flowers, Todd Rotondo, Stacy Ames, Estelle Rand, Scott Houseman, Kathleen Feldman, and John Frates fF 9-o Mayor Michael Cahill, Finance Director Bryant Ayles, Chief John LeLaucher, Planning Director Darlene Wynne Sarah Scott- Nelson President Paul Guanci reads the introduction to the virtual meeting due to the state of emergency caused by COVID -19, stating that the meeting will be recorded and streamed live. The Council takes a roll call vote to move out of subcommittee voting to the full Council. Tim Flaherty - Yes Julie Flowers - Yes Todd Rotondo - Yes Estelle Rand - Yes P., .. Stacy Ames - Yes 0 v - Scott Houseman - Yes c C-, { ; Kathleen Feldman - Yes Todd Rotondo - Yes �- y' a John Frates - Yes Stacy Ames - Yes President Paul Guanci - Yes Scott Houseman - Yes - < Houseman leads the Council in the pledge of allegiance. Houseman moves to suspend their rules temporarily so that they can hear from Mayor Cahill first. Seconded by Flowers. The motion carries 9 -0. President Guanci confirms member access and calls the meeting to order at 7 :04 p.m. or Google Meet. Lisa Kent takes roll finding that all members are present. cn r. Tim Flaherty - Yes Julie Flowers - Yes Todd Rotondo - Yes Estelle Rand - Yes Stacy Ames - Yes Scott Houseman - Yes Kathleen Feldman - Yes John Frates - Yes President Paul Guanci - Yes Houseman leads the Council in the pledge of allegiance. Houseman moves to suspend their rules temporarily so that they can hear from Mayor Cahill first. Seconded by Flowers. The motion carries 9 -0. Beverly City Council June 15, 2020 Meeting Minutes Page 2 of 8 Mayor Cahill shares that there will be a small flag raising ceremony of pride and trans flags in front of city hall and relates his discussion with Esther Yoto and Leah Jones concerning Esther's proposal for an equity, diversity, and inclusion office. Mayor Cahill suggests that the Council consider this possibility as it may be the right next step. Regardless, Mayor Cahill would like to manage the FY21 budget so that $150- 250,000 can be allotted for a racial equity project of some kind. The specifics of the project will be determined over the summer, with the hopes of launching by the fall. #435- Councilor Flowers - FUTURES Act Edward Woll asks the Council to adopt an act for utility transition called the future act which entails a transition to a clean energy future including low carbon buildings. Flowers thanks Mayor Cahill and those who were on the Council in previous years for their hand in bringing Beverly toward being an increasingly green and clean- energy community. Flowers reads the resolution which will reduce the city's reliance on fossil fuels, reduce greenhouse gas emissions, promote clean energy initiatives in the city, and improve coordination for gas leak repair. Flowers is open to voting today or postponing. Woll comments that it would be beneficial to Beverly to vote sooner to show its support for the act, but not critical. Guanci states that he is comfortable asking for a motion today. Houseman moves to approve the resolution. Seconded by Feldman. The motion carries 9 -0. #436- Councilor Houseman —Green Municipal Aggregation Houseman and Julia Long describes a bit about how Municipal Aggregation works, stating that it takes control over choosing where electricity comes from, allowing the city to source in renewable energy solutions. Houseman asks to hold the vote until June 29th as he has asked Gerry Perry to take look and answer any potential questions on the 29th. Houseman reads the resolution which addresses the city's need to address climate change and join with other municipalities to expand clean energy. This act will place no burden on taxpayers and will ultimately save money. Guanaco states that he is looking forward to voting favorably on that on June 29th. Presentations Awards and Memorials: Mary Sarris, MassHire North Shore Workforce Sarris reports on the current labor shortage with 14.3% unemployment in Beverly, food service and accommodation facing the most loss, retail in second, and healthcare in third. Sarris states that this particular recession has really hurt low -wage workers and that it is uncertain whether the federal aid will be continued as it is controversial in Congress. Sarris is hoping to open up the North Shore Workforce Center in person later in the summer. Until then, they are relying on phone. Beverly City Council June 15, 2020 Meeting Minutes Page 3 of 8 Ames thanks Sarris for providing the Council with this information. Sarris states that she would love to return for a more in depth conversation with the council on what they see the need is and how MassHire can better help Beverly workers. Approval of Minutes Houseman moves to approve the minutes for the Regular Meeting on Monday May 18, 2020, Regular Meeting on Monday June 1, 2020, and the Finance & Property /Committee of the Whole FY2021 Budget on Thursday, June 4, 2020. Seconded by Rand. The motion carries 9 -0. Guanci opens the meeting to Public Hearing. 7:15PM- #110- Special Permit Application- Briscoe Village LLC. (Rescheduled to June 29, 2020 at 7:15PM) 8:OOPM4114- Transfer from Golf & Tennis Enterprise, Accounts undesilinated fund balance for expected revenue shortfall FY20 Kent reads the order. Guanci invites Ayles to comment. Ayles comments that there are typically not this many unforeseen circumstances, due to the pandemic, so the initially appropriated find were already spend and a transfer is being requested to alleviate the revenue deficit. Ayles clarifies in response to Flaherty's question this is a temporary measure. Guanci refers back to the Committee on Finance and Property and the Committee on a whole. Ames moves to close the hearing. Seconded by Houseman. The motion carries 9 -0. #131 - Reappointment and residency waiver - Council on Aginj4- Jessica Wistran, Esq Kent reads the order. Guanci states to please refer to the Committee on Public Services. #132- Reappointment - Beverly Golf and Tennis -Mr. Kevin Asocilillo Kent reads the order. Guanci states to please refer to the Committee on Public Services. #133 - Reappointments -Human Rights Committee -Mr. Salvatore DiMercurio and Principal Gabrille Montevecchi Kent reads the order. Guanci states to please refer to the Committee on Legal Affairs. #134- Appointment- Darlene Wynne, Planning Director to serve as trustee of the Beverly Affordable Housing Trust. Kent reads the order. Guanci states to please refer to the Committee on Finance and Property which will take up the order at the next meeting. Motions and Orders Beverly City Council June 15, 2020 Meeting Minutes Page 4 of 8 #121 - Restrict Parking on Goat Hill Lane Kent reads the order. Roll call: Tim Flaherty - Yes Julie Flowers - Yes Todd Rotondo - Yes Estelle Rand - Yes Stacy Ames - Yes Scott Houseman - Yes Kathleen Feldman - Yes John Frates - Yes President Paul Guanci - Yes The morion carries 9 -0. #128 - Possesion or Consumption of alcohol Kent reads the order which adds paragraph C as an exception as Beverly restaurants will be allowed to serve alcohol on public ways as approved by the Health Department and Planning Department. Councilor Rotondo has recused himself from the order. Roll call: Tim Flaherty - Yes Julie Flowers - Yes Estelle Rand - Yes Stacy Ames - Yes Scott Houseman - Yes Kathleen Feldman - Yes John Frates - Yes President Paul Guanci - Yes The morion carries 8 -0. Stephanie Williams, the city solicitor comments that only the amended language needs to be read, specifically paragraph E for the following order. #129 - Sandwich Board Signs Kent reads the order. Councilor Rotondo has recused himself from the order. Roll call: Tim Flaherty - Yes Julie Flowers - Yes Estelle Rand - Yes Stacy Ames - Yes Scott Houseman - Yes Kathleen Feldman - Yes John Frates - Yes Beverly City Council June 15, 2020 Meeting Minutes Page 5 of 8 President Paul Guanci - Yes The morion carries 8 -0. 8:15PM- #118 - Transfer from Recreation Enterprise Accounts undesilinated fund balance into Recreation Enterprise Operating budget Kent reads the order which requests the transfer of $125,000. Ayles states that this is similar to the previously discussed transfer but for recreation. Perry recommends adopting the request of the administration. Ames states that this request looks good for this year, but expresses her desire to have a plan B or a longer -term solution. Ayles states that he would be happy to have a more in depth meeting with the council at a later meeting. Feldman asks about cash basis accounting and whether the revenue collected in the spring will balance the books for FY20. Ayles confirms that she is correct in her assumption. Houseman moves to close the public hearing. Seconded by Ames. The motion carries 9 -0. 8:30PM - #125- Community Preservation Committee T Round CPA Project Funding Recommendations -Phase II Marilyn McCroy, chair of the CPC reports that she is here with remaining recommendations for funding and one special project involving the restoration of the perimeter fence of the Beverly Cemetery which needs additional funding and is located in the historical preservation category. The maintenance of the solar panels at Beverly High School are also in historical preservation category. McCoy recommends establishing an emergency relief fund for housing due to COVID- 19, allotting $241,000 for that purpose. Heather Richter comments on the housing issue and the assessment of need, stating that when unemployment runs out, many will need help and this project is specifically for those who don't qualify for other forms of rental assistance. Guanci closes public hearing. Ames moves to appropriate $78,000 to the city of Beverly for the purpose of rebuilding the perimeter fence at the cemetery to protect personal and real property from destruction. Seconded by Flowers. The motion carries 9 -0. Houseman moves to appropriate $250,000 from the General Reserve Fund for solar panels adjacent to the High School to protect personal and real property. Seconded by Ames. The motion carries 9 -0. Feldman moves to appropriate 240,000 from gen reserve for temp housing assistance which have suffered a loss of income due to COVID -19. Second by Rotondo. The motion carries 9 -0. Houseman moves to authorize the transfer of $241,000 to the Community Housing Reserve. Seconded by Flowers. The motion carries 9 -0. Guanci thanks the Council members and the Community Preservation Committee. Guanci asks Flaherty to call to order the Finance and Property Hearing. Ayles explains that the votes are to facilitate cashflow which was used to pay off the last portion of the middle school. Beverly City Council June 15, 2020 Meeting Minutes Page 6 of 8 Rand moves to approve and confirm the sale of $30,575,000 2% general anticipation notes of the city dated June 26, 2020 and payable March 26, 2021 to JP Morgan Securities LLC at par and interest, if any, plus a premium of $391,360. Seconded by Guanci. Roll call: Rand - yes Guanci - yes Flaherty - yes The motion carries 3 -0. Rand moves that in connection with the Marketing and Sales, the preparation and distribution of a notice of sale and preliminary official statement dated My 27, 2020 and the final official statement dated June 3, 2020. Each in such form as may be approved by the city Finance Director and Treasurer, be it hereby ratified, confirmed, and approved and adopted. Seconded by Guanci. Roll call: Rand - yes Guanci - yes Flaherty - yes The motion carries 3 -0. Rand moves that further voted, any certifications or documents related to the notes may be executed in several counterparts, each of which shall be regarded as the original, and of which shall constitute one and the same document, delivery of executed counterpart of a signature page to a document by electronic mail in a PDF file or by any other transmission, shall be as effective as delivery of a manual executed counterpart signature page to such a document. An electronic signature on any of the documents shall be deemed original signatures for the purposes of the documents, all matters related thereto, having the same legal effect as the original signatures. Seconded by Guanci. Roll call: Rand - yes Guanci - yes Flaherty - yes The motion carries 3 -0. Rand moves that the Mayor, the Finance Director / Treasurer and the city Accountant be and hereby are authorized to execute and deliver a significant events disclosure, undertaking compliance with SEC rule #15C2 -12 in such form as may be approved by bond council to the city, which undertaking shall be incorporated by reference in the notes for the benefit of the holders of the notes from time to time. Seconded by Guanci. Roll call: Rand - yes Guanci - yes Flaherty - yes The motion carries 3 -0. For the fifth and final vote, Rand moves that the Mayor, the Finance Director / Treasurer and the city Accountant and the city Clerk be and hereby are authorized to take any and all such actions, Beverly City Council June 15, 2020 Meeting Minutes Page 7 of 8 and execute and deliver all such certificates recipients of all such documents determined by them and any of them to be necessary and convenient to carry into effect the visions of foregoing votes. Seconded by Guanci. Roll call: Rand - yes Guanci - yes Flaherty - yes The motion carries 3 -0. Rand moves to adjourn the finance and property Seconded by Guanci. Roll call: Rand - yes Guanci - yes Flaherty - yes The motion carries 3 -0. Guanci comments that the next meeting will be held on Thursday, June 18th at 7 p.m. A meeting will take place on June 22nd at 7 p.m. to vote on financials. The vote to pass the budget will take place on Wednesday, June 24th. There will also be a special city Council meeting on June 29th at 7 p.m. Flaherty moves to enter Executive Session pursuant to Massachusetts general law chapter 30A section 21A3, so we may discuss pending litigation in the matter of Turnham Associates v. the city of Beverly USDC -MA case #120 -CV -1114 -GAO. The purpose of the Executive Session is to discuss strategy with respect to this litigation. As Council President, I declare that an Executive Session is necessary, because an open meeting may have a detrimental effect on the city's litigation position. The Council will not reconvene in open session, but will instead adjourn directly from Executive Session. Seconded by Ames. The motion carries 9 -0. (open minutes ended at 9:22)