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2013-05-29 Special MeetingRegular Meeting Page 1 of 10 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Monday, June 03, 2013 10 :16 AM To: pguanci @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don Martin; Brett Schetzsle; jsilva @beverlyma.gov; minutes @beverlyma.gov Subject. special6 -29 -12 Meeting.doc Special Meeting Beverly City Council Wednesday, 7:00 PM -May 29, 2013 Roll Call: Councilors Present: P. Guanci, D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason C. Silva, Donald Martin, Brett Schetzsle, Maureen Troubetaris, Pledge of Allegiance to the Flag: Ma Acceptance of Minutes: Ma Zo, 2013 Public Hearings and Speakers: Mayor to Speak- Budget Message Communications from His Honor the Mayor: FY 2014 -Budget BUDGET MESSAGE Dear Honorable Council: It has been my privilege to present to you many operating budgets for upcoming fiscal years. Simultaneously, I have had each year the opportunity to review with you actual performance versus budget. I am very pleased to say that my administration's record of performance against budget has been excellent year after year throughout my time as mayor as we have worked together to constantly improve our City of Beverly over nearly two decades. I am happy to say that the year soon to end is no exception. Revenues will exceed budget notably due to the collection of overdue taxes, increased building permit revenues, and meals tax receipts. Expenses will once again be below budget except for Snow and Ice costs due to the difficult winter but the good news is the excess in revenues versus budget will exceed the unfavorable snow and ice variance. All these factors set the stage in a favorable fashion for the upcoming fiscal year to begin July 1 st. The FY 2013 -2014 budget provides ongoing stability. No layoffs are contemplated. Most labor contracts have been settled on terms agreeable to both employees and employer. Health care costs for subscribers have actually been slightly reduced. The budget calls for a 3.0% increase in both revenues and 6/10/2013 Regular Meeting Page 2 of 10 expenditures compared to the 2013 adopted budget. In dollars, the General Fund Budget increases from $103,451,315 to $106,547,534. I am pleased to say that the budget does allow the City the freedom to make certain important one -time non - recurring expenditures in the new year. Over the course of time, we have consistently produced favorable variances from operations and we have made major strides improving our infrastructure and we have not resorted to overrides. To be sure we have one more school project that needs to be addressed in the near future. That project, the middle school of the future, is clearly in our sights and I remain very confident that we will receive the go ahead to proceed with the Feasibility Study later in this calendar year. That go ahead will be the ticket to allow the school to be complete and ready for occupancy in September 2017, as previously planned. You may recall in my budget message of last year, I commented that the one aspect of our infrastructure which we have not been able to adequately maintain has been our streets and sidewalks. In this regard, I have good news but at the same time must issue a strong note of caution. After years of effort at the State House, we now expect success in a matter of days in raising Chapter 90 monies. The funds provided cities and towns for roadway upkeep will increase by a dramatic 50% to in our case slightly over $1,500,000 annually. Equally impressive, we have been able to budget some $800,000 in city funds for roadway maintenance in the 2014 operating budget. For the first time in decades, our street maintenance backlog will actually decline in the coming fiscal year. But make no mistake, we need an ongoing aggressive street investment program. Outside engineers estimate that we need to spend $1,500,000 each year to just keep our streets on average in today's condition. If we spend $2.5 million annually, we will reduce the overall $25 million backlog by $1,000,000 per year. At that rate, even after ten years the backlog would still be $15,000,000. It is ironic that many people are willing to let the roads languish, and fail to realize that few things will help increase the value of homes in Beverly faster than taking proper care of our streets. This failure exists despite the fact that the major component of most families' net worth is their home. Worthy of discussion in the upcoming year are two important capital expenditure projects. One will make needed repairs to City Hall, the Police Station and the Library. Over the past year, plans and specifications have been developed and the contract for work on City Hall and the Police Station is already out for bid. The Library part of the project will be bid soon. Both these initiatives are fully discussed and their financing is projected in the recently published Capital Expenditure Plan. The construction will not have an impact next year's operating budget but the work is essential to restoring and maintaining these buildings. The second project is less well known. As the time nears to switch Beverly's two public safety dispatch centers over to the Regional Dispatch Center located in Middleton which will initially service six cities and towns, we have closely examined Beverly's internal public safety communications systems to make sure that this important conversion is made effectively. In doing so we have discovered communication weaknesses including multiple geographic dead spots which have existed here in Beverly since our systems were first installed decades ago and which are obviously unacceptable. We are currently seeking proposals to update and modernize these internal systems. As part of the recently issued Capital Expenditure Plan, we have estimated a $750,000 investment to make the necessary improvements. This project will improve public safety communications and will generate very significant savings. It will be presented to the City Council separately for review and approval. The project will have no financial impact on next year's operating budget. It is worth noting that in the current fiscal year, the City did take ownership to the 3 800 street lights within our borders. The transfer from National Grid took longer than expected because of the incomplete 6/10/2013 Regular Meeting Page 3 of 10 records maintained by the utility as to pole locations, type of fixtures and wattages. We are now enjoying savings in the order of $1,000 every working day of the year. Recently the City became a Green Community, a designation given to those municipalities who choose to pursue all reasonable means to cut down on energy use. We have a commitment to reduce our total energy use by 20% by the year 2014. We are well on our way to meeting that target using grant funds to invest in energy improvements. Beverly recently signed a 5 year contract for trash pickup after publicly bidding the service in conjunction with the City of Salem. JRM, our current trash hauler, won the bid. The new contract, to be effective July 1 st, limits the number of bags or barrels a household can put out each week to 5 down from 10, still a very reasonable number. It also calls for weekly recycling. It is important that everyone realizes these changes take effect on July 1 st just a month from now. No discussion of the upcoming budget year would be complete without an update on the Brimbal Avenue Interchange Upgrade. I and others have worked on this project for about 14 years. That my sound discouraging, but the MBTA commuter parking garage, now under construction, took even longer to get going. Please go take a look on Rantoul Street near the Depot train station to see the progress at the site. We are working now with a $500,000 grant from the Executive Office of Housing and Economic Development Secretary Greg Bialecki's office to get Phase One of the Brimbal Avenue project fully designed and permitted. To obtain State Legislature approval to allow the Secretary of Transportation to effect land transfers needed to relocate on and off ramps on the northbound side of Route 128 between Sohier Road and Brimbal Avenue, a resolution of support from the Beverly City Council will be needed. I intend to present to your Honorable Council a proposed resolution on Monday, June 3 rd at your regularly scheduled meeting. State Legislative approval will allow Phase One to proceed. When both phases of this project are complete, we anticipate the creation of up to 7500 good jobs in our region and very significant new growth for Beverly as well as major roadway safety improvements. It is a project well worth pursuing with vigor. I would now be pleased to try to answer any questions you may have. Very truly yours, William F. Scanlon, Jr. Refer to Finance & Property Communications from other City Officers and Boards: Communications, Applications and Petitions: Reports from Committees: #45 6/10/2013 Regular Meeting Page 4 of 10 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Order Councilor Guanci - review of Article XXVIII Public Services Section 28.02 — Removal and Disposal Service Fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption 2014 Ordered: That the City Council approve the following amended Ordinance relevant to Removal and Disposal Fee FY In the Year Two Thousand and Thirteen An Ordinance Amending an Ordinance entitled Public Works Article twenty eight Sec. 28.02 Removal and Disposal Service Fee Be it ordained by the City Council of the City of Beverly as follows: C. Discounts and Waivers Delete FY 2012 add FY 2013 Section 1 (a) Senior Citizen: Delete: $33,750. 00 Add: 33,050. 00 Delete 38, 550.00 Add: $37, 800.00 li (b) Hardship Cases: Delete $20,250.00 Add: $19,850.00 Delete $23,150.00 Add: $22, 650.00 Iii (c) Eligibility: Delete: for tax years 2011 or 2012 Add: for tax years 2012 or 2013 Section V (h) Review: Delete in its entirety (i) Sunset Clause: Delete in its entirety Ordinance read once and held for Final Passage as per Charter Provisions First Reading: March 18, 2013 Public Hearing: May 20, 2013 Second Reading: May 20, 2013 Final Passage: June 17, 2013. Order read once and adopted 8 -0 Vote #79 The Committee on Finance & Property Communication from Main Streets relative to Outdoor Dinning — Pilot Program — 2013 Permitting Process criteria have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the permitting criteria. Order read once and adopted 8 -0 Vote 6/10/2013 Regular Meeting #81 Page 5 of 10 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Order: Councilor Troubetaris — request for review of Water /Sewer Bill (Stephen Hoy) have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request for abatement of sewer charge — 2 -1 Martin Against Order read once and adopted 8 -0 Vote #86 The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Communication from Estelle Rand relative to the Beverly Farmers Marker (2013) Season, use of City Property have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 8 -0 Vote #89 The Committee on Finance & Property / Committee of the Whole to whom was referred the matter of Communication from Main Streets relative to request for waiver of ordinance relative to alcohol on public property and use of Public property for a Block Party (Ellis Sq. Area). have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the request Order read once and adopted 8 -0 Vote #1702012) # 93 (2013) The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Order: Councilor Martin — Proposed amendments to zoning ordinance relative to WSPOD Article XXXVIII, Sec 38.31 and 38.28 C. 2 — Special Permit authorization have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8 -0 Vote #45 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Order Councilor Guanci review of Ordinance Article XXVIII — Public Services Sec. 28.02 — Removal & Disposal Service Fee. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve per recommended changes by Finance & Property Order read once and adopted 7 -1 Vote - Martin - Absent Schetzsle - Against 6/10/2013 Regular Meeting #51 Page 6 of 10 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Proposed draft of the Community Preservation Ordinance from the CPC Ad -Hoc Committee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption In the Year two thousand and thirteen. An Ordinance relative to Article VI I of the Beverly City Ordinances entitled Multiple Member Bodies be it ordained by the City Council of the City of Beverly, as follows: by adding a new Section 7.49 entitled "Community Preservation Committee ", as follows: Section 7.49 Community Preservation Committee (a) Establishment There is hereby established a Community Preservation Committee, in accordance with Chapter 267 of the Acts of 2000, Massachusetts Community Preservation Act, M.G.L. c. 44B, § 1 et seq., as amended, which shall consist of nine members. (b) Membership, Appointing Authority and Terms (i) The composition of the Committee, the appointment authority and term of office for the Committee members shall be as follows: 1) One member of the Historic District Commission, acting as the Historic Commission, as designated by the Commission for an initial term of three (3) years, and thereafter for a term of three (3) years. 2) One member of the Conservation Commission as designated by the Commission for an initial term of two (2) years, and thereafter for a term of three (3) years. 3) One member of the Planning Board as designated by the Board for an initial term of one (1) year, and thereafter for a term of three (3) years. 4) One member of the Parks & Recreation Commission as designated by the Commission for an initial term of three (3) years, and thereafter for a term of three (3) years. 5) One member of the Housing Authority as designated by the Authority for an initial term of two (2) years, and thereafter for a term of three (3) years. 6) One member of the Open Space and Recreation Commission as designated by the Commission for an initial term of (1) year, and thereafter for term of three (3) years 7) Three (3) at -large members being residents of the City not currently holding elected office, as appointed by the City Council: A. One (1) member to be appointed for an initial term of three (3) years, and thereafter for a term of three (3) years. B. One (1) member to be appointed for an initial term of two (2) years, and thereafter for a term of three (3) years. C. One (1) member to be appointed for initial terms of one (1) year, and thereafter for terms of three (3) years. The at -large seats shall be open to any resident, and members may include citizens who have expertise or demonstrated interest in open space, recreation, historic preservation, affordable housing, municipal finance or fiscal accounting practices. Preference will be given to applicants who are not currently members of any of the five (5) boards and commissions listed in sections (b)(i) 1 through (b)(i) 5 inclusive. (iii) If possible, Committee membership as a whole should be drawn from all Wards. (iv) The commission, board or committee that has appointment authority under this Chapter shall appoint such representative(s) within forty -five (45) days of the effective date of this Ordinance. The City Council shall also appoint its representatives within forty -five (45) days of the effective date of this Ordinance. (v) Any vacancy on the Community Preservation Committee shall be filled by the commission, board or committee that 6/10/2013 Regular Meeting Page 7 of 10 designated the member who creates the vacancy by designating another member in accordance with the above for the unexpired term, and within forty -five (45) days of the date of vacancy. (vi) The City Council shall also fill any vacancy in its appointments by designating another member in accordance with the above for the unexpired term, and within forty -five (45) days of the date of vacancy. (vii) Should the City Council fail to make an appointment authorized by section (b)(iv) or (b)(vi) above, the Mayor shall fill the position within an additional forty -five (45) days. (viii) Should any of the commissions, boards or committees that have appointment authority under this Chapter no longer be in existence for what ever reason, the appointment authority for that commission, board or committee shall become the responsibility of the City Council. (ix) All Committee members shall serve on the Committee without compensation. (x) Vacancies shall be publicly posted. (c) Duties (i) The Community Preservation Committee shall study the needs, possibilities, and resources of the City regarding community preservation, including the consideration of regional projects for community preservation, and shall develop and publish community preservation guidelines within six (6) months of the Committee's first meeting. Development of the guidelines shall include a public hearing. The Committee shall consult with the public in addition to existing municipal boards, including the City Council, the Conservation Commission, the Historic District Commission, the Planning Board, the Open Space and Recreation Committee, the Parks and Recreation Commission and the Housing Authority, or persons acting in those capacities or performing like duties, in conducting such studies. The Committee shall annually hold at least one (1) public informational hearing (and may hold more than one such meeting in a given year) on the needs, possibilities and resources of the City regarding community preservation, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the City and posted electronically on the City's website. The Committee may, after proper appropriation, incur expenses as permitted by State law using funds from the Community Preservation Fund to pay such expenses. The Community Preservation Committee shall make recommendations to the City Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation, and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with Community Preservation Funds. With respect to community housing, the Community Preservation Committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites. With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited. The Community Preservation Committee may include in its recommendation(s) to the City Council a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund, or to set aside for later spending funds for general purposes that are consistent with community preservation. The Community Preservation Committee may recommend the issuance of general obligation bonds or notes, in accordance with the provisions of M.G.L. Chapter 44B, section 11, in anticipation of revenues to be raised pursuant to M.G.L. Chapter 44B, section 3, the proceeds of which shall be deposited in the community preservation fund. In every fiscal year, the committee shall recommend that the City Council either spend, or set aside for later spending, not less than ten percent (10 %) of the annual revenues in the community preservation fund for each of the following: Open space (not including land for recreational use); historic resources; and community housing. 6/10/2013 Regular Meeting (d) Quorum requirements and cost estimates Page 8 of 10 The Community Preservation Committee shall not meet or conduct business without the presence of a quorum and shall keep a written record of its proceedings. A majority of the members of the Community Preservation Committee shall constitute a quorum. When making recommendation(s) to the City Council, the Community Preservation Committee shall provide the Council with estimates of cost for each recommendation. (e) Rules and Regulations (i) The Committee shall annually elect one of its members to serve as chairperson and may elect such other officers, adopt procedural rules and regulations and establish any subcommittee(s) as it deems appropriate. A Committee member may serve as chairperson for two consecutive years, after which she or he shall not be eligible to be nominated for the same position for a third year. However, the Committee may waive this provision by a two- thirds vote. (iii) The Committee shall clearly define and make public its application requirements and evaluation procedures. (iv) By majority vote of the members of the Committee, the Committee may adopt and promulgate rules and regulations for the conduct of its business on any matter within the Committee's jurisdiction under the Massachusetts Constitution, Massachusetts General or Special Laws, the Code of Massachusetts Regulations (CMR), ordinance, or other legal right or authority granted to or conferred upon the Committee. (v) The proposed rule or regulation shall be submitted to all Committee members at least forty -eight (48) hours prior to any vote to adopt the same; provided, however, the Committee may make such amendments to the proposed rules or regulations as it deems appropriate at the said meeting. (vi) Upon approval of any rule or regulation by the Committee, a copy of the same shall be filed with the city clerk and publicly posted and become effective as of the date of filing thereof unless the specific vote of the Committee establishes a later effective date. (vii) To enhance communication, minutes of each meeting shall be sent to the city clerk for distribution to the city council and shall be publicly posted. I Amendments to the Community Preservation Committee Ordinance The Community Preservation Committee shall from time to time review the administration of this Ordinance and make recommendations as needed for changes to the Ordinance and in administrative practice to improve the operations of the Community Preservation Committee. This ordinance may be amended from time to time by the City Council provided that the amendments do not conflict with M.G.L. Chapter 44B. First Reading: April 1, 2013 Public Hearing: May 20, 2013 Second Reading: May 29,2013 Advertise for final passage June 17, 2013 ATTEST: Kathleen P. Connolly, CMC City Clerk As per order of the City Council Order read once and adopted 8 -0 Vote #61 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Communication from Parking & Traffic re: Proposed amendment to Ordinance Article XXI Sec. 21.13 (h) 15 Minute Parking have considered said matter and beg leave to report as follows, to wit: 6/10/2013 Regular Meeting Page 9 of 10 Receive and Place on File Order read once and adopted 8 -0 Vote # 67 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Order: Councilor Slate re: Proposed amendment to Ordinance Article XXI Sec. 21.13 (h) 15 Minute Parking have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption In the Year Two Thousand and Thirteen An Ordinance Amending An Ordinance Article XXI Sec. 21.13 (h) 15 Minute Parking Be it ordained by the City Council of the City of Beverly as follows ADD: a "No Parking Here to Corner" sign be erected on the westerly side of Rantoul St. at a point approximately 20' from the intersection of Rantoul and School Streets; ADD: Additional 15 minute parking space be established on the westerly side of Rantoul Street at Luigi's Pizza (38 Rantoul Street) adjacent to the existing 15- minute space; and Add: Two Hour Parking Limit be posted (9 a.m. to 5 p.m.) for the easterly side of Rantoul Street between School and Edwards Streets. First Reading: April 16, 2013 Second Reading: May 28, 2013 Final Passage: June 17, 2013 Attest: Kathleen P. Connolly, CMC City Clerk As per order of the City Council Order read once and adopted 8 -0 Vote # 84 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Communication from Councilor Guanci re: amending of proposed draft of CPA ordinance have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8 -0 Vote # 85 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Application for Hawkers & Peddler License — 6/10/2013 Regular Meeting Page 10 of 10 Terrys Ice Cream Truck — Carlos M. Rocha, 47 Fulton St. Peabody, MA. 01960 have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the license Order read once and adopted 8 -0 Vote # 87 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Application for Class II MVDL NDRN, Inc. Five Star Auto Repair —191 Essex St. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the license Order read once and adopted 8 -0 Vote # 88 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Application for Amusement Device License — Boston- N- Beverly Rt. 128 Rest Area, have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the license Order read once and adopted 8 -0 Vote # 89 The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of request for permission for waiver of Ordinance relative to alcohol on public Property for 2 Block Parties July 13,th and Aug. 3rd (Ellis Sq. area) have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the license Order read once and adopted 8 -0 Vote Unfinished Business: Motions and Orders: Meeting adjourned: 7:40PM Attest: Kathleen P. Connolly, CIVIC City Clerk 6/10/2013