Loading...
2014-03-17Regular Meeting Page 1 of 12 Beverly Meeting Minutes From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Wednesday, March 19, 2014 2 :34 PM To: councilors @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1@aol.com Subject: 14. mar17.doc Regular Meeting Beverly City Council 7:00 PM March 17, 2014 Roll Call: Councilors: John P. Frates Jr. ,Scott D. Houseman, David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci Pledge of Allegiance to the Flag: Mayor Cahill Presentations, Awards and Memorials: Acceptance of Minutes: Minutes for meeting of March 3, 2014 Public Speakers and Hearings: Presentation Main Streets Communications from His Honor the Mayor: #73 Beverly, Massachusetts - State of the City Address Mayor Michael P. Cahill March 17, 2014 Thank you, Mr. President. Good evening to the esteemed members of our City Council, to those gathered here, and those watching at home on BevCam. I want to first wish you all a Happy St. Patrick's Day — and with it an Irish blessing: May you have warm words on a cold evening, a full moon on a dark night, and the road downhill all the way to your door; May your pockets be heavy and your hearts be light, and may good luck pursue you each morning and night; May your blessings outnumber the shamrocks that grow, and may trouble avoid you wherever you go. And as my Irish cousins say, Slainte — to your health. I appear before you tonight to share with you the first State of the City address of my administration. It was only two short months ago that we all took our oaths of office and I gave my Inaugural Address. Further, two months from now, I will present the City Council with my proposed Fiscal Year 2015 city budget. Clearly, there are things we are working on today that will become much more defined by that time. Nonetheless, tonight is a good time to ask ourselves this question — what is the state of our city? I believe that however we ask ourselves this question — through whatever lense we might look — that the answer is the following: Beverly is doing great, and we are working together to make it a better place to live, work, and raise a family every day. Before touching on some of our ongoing work, I want to take a moment to congratulate the students of Beverly. It is science fair season for our elementary school children. Many of them have explored the how's, what's, and whys of the world around us — they have learned, they have grown, and hopefully they have stoked their passion for further learning. From all I have seen, they have done fantastic work. Our high school students have enjoyed a banner week. Students in the Distributive Education program competed in the state championships, 5/7/2014 Regular Meeting Page 2 of 12 and a record number qualified for the national competition this May in Georgia. Our Beverly High School fine arts program performed four fantastic shows of the Broadway musical, Joseph and the Amazing Technicolor Dreamcoat. And last night our own Beverly High School Boys' Hockey team, led by Coach Bob Gilligan, won the city's first ever hockey state championship, beating Medfield High School 2 -1 at the Boston Garden. It was an incredibly well - played game — great fun to watch as our team and fans painted the Garden orange and black last night. Congratulations to all our students at the elementary, middle, and high school levels for the inspired work they do all year long both in and outside the classroom, and thank you to our educators who strive every day to draw the best out of these young people. You all make us very proud. Staying with education, I am happy to report that we have made great progress on our new middle school project over my first two months in office. On March 26t we will appear before the Board of the Massachusetts School Building Authority. At that time, we hope to be invited into the next phase of the project known as the funding pipeline - four months ahead of schedule. We have worked diligently and closely with MSBA staff to reach this point — and we continue to work to move our middle school project forward as quickly as possible. Prior to taking office on January sixth, I read and heard repeatedly — as many of you did — that the target date for opening our new middle school was September 2017. In my two months as your Mayor, we have accomplished the following: - My colleagues on the School Committee and I conducted significant research on grade configuration, held five public forums, and engaged with several hundred citizens in a meaningful and rich dialogue, culminating in a unanimous decision by the School Committee to build a new grade 5 -8 middle school We are on track to successfully shave four months off the first phase of the middle school building planning process However, the MSBA has made clear to us that they believe it may take us another four and a half years or longer to complete our project. Their optimistic estimate of 55 months from now to completion would mean opening our new school in December 2018, sixteen months later than the September 2017 date we had been hearing prior to now. We have challenged ourselves to beat the MSBA time projections at every step of the way. I believe it is our responsibility to build this school right — and that means to appropriately balance meeting our students' social and educational needs with moving in an expeditious and cost - effective fashion. So, we stand here tonight with an understanding that the MSBA believes December 2018 to be an optimistic completion date, and we rededicate ourselves here and now - and I commit to you that we will do everything in our power to open our new middle school sooner than December 2018 — and as soon as we can do so properly. In the meantime, I commit that the Briscoe Middle School will serve our middle school children well as long as we are there, and that we will continue to provide outstanding educational opportunities for all our school children from pre- kindergarten through high school. Moving on to economic development, our waterfront has presented a challenge for many years. With the highest court in Massachusetts — our Supreme Judicial Court — having decided recently not to hear the city's appeal of the McDonald's property case, the RFP awarded by the prior administration is nullified. Therefore, my administration has terminated the lease approved last year between the city and the Black Cow Restaurant. Having met with the Secretary of Environmental Affairs and Director of Coastal Zone Management, we have begun the process of removing the state's Designated Port Area designation from our waterfront with a vision for the following: a harbor walkway, additional recreational and commercial boat slips, restaurants, shops, and perhaps condominiums — the kind of Beverly waterfront that will help revitalize our downtown and open up our harbor for the enjoyment of our whole city. Along with removing the DPA, we will soon initiate a thoughtful and inclusive re- zoning process for our waterfront to ensure we facilitate development that best reflects our desires as a community and that best complements the surrounding neighborhoods. These processes together will take time. Done right, they will finally result in the vibrant place we know our waterfront can be. Looking up Rantoul and Cabot Streets, our downtown is already showing signs of revitalization as the work many of us have done over the last several years starts to bear fruit in increased high quality Transit Oriented Development around the Beverly Depot train station and along lower Rantoul Street. In addition, we will work with Beverly Main Streets again this year to fund the downtown Fagade Improvement Program and sponsor three block parties including one in early October. We will also establish a sound, equitable policy governing the issuance of additional liquor licenses, thus facilitating further economic development in the downtown and throughout the city, and we will endeavor to effectively promote the growth of our creative and cultural economies. The Brimbal Avenue project remains important to our future economic health. At present, the CEA Group, which owns the parcel of land on Brimbal Avenue being considered as the site of the new connector road, and the Massachusetts Department of Transportation are in negotiations regarding whether the road design on the CEA Group's land will be viable. To be viable, they will need to agree on a scope of work the DOT will accept to prepare the former landfill to support a road, and the CEA Group must agree to pay for the additional costs this will bring. We are working with state officials to ensure that all time tables are met and we successfully build our new connector road in a timely fashion. My administration is working to ensure that neighbors and all interested parties have a voice and access to information as the Brimbal Avenue project moves forward. I want to thank Councilor Martin for his efforts on this front. Both my Administration and my colleagues on both the City Council and School Committee have all committed ourselves to transparency and community engagement. As evidenced by the Brimbal Avenue Advisory Committee work and the open public process embraced by the School Committee as we considered our recent middle school grade configuration decision, we are working to consistently deliver on 5/7/2014 Regular Meeting Page 3 of 12 this promise. With the Rantoul Street/Route IA reconstruction project beginning in earnest this summer, a new committee has been formed to anticipate and solve problems and communicate with neighbors and business owners. Last week, at Councilor Latter's request, we met with neighbors of the McKay School and created a working group, as the city considers redevelopment of that property in the coming weeks and months. This spring and fall, my Administration will hold a series of Community Meetings on various topics. Among the first will be meetings on Public Safety with a focus on traffic safety and increased enforcement measures, and Public Services with a focus on planned road work. Soon, we will publish a calendar of these meetings for 2014. These meetings will provide an opportunity for citizens to get to know your city officials and to better understand and shape city services, policies, and projects. Sound fiscal management will be a cornerstone of my administration. To that end, tonight, together with all nine members of the City Council, I submit a joint order creating a Stabilization Fund. In any year when the state certifies a free cash amount for Beverly, this fund will require the Mayor to file a request with the City Council to deposit at least 10% of the certified free cash amount into the city's stabilization fund. The Mayor will have discretion to request additional deposits be made into the fund at other times during the year. The order we submit tonight enumerates appropriate uses for which the Mayor may request the City Council to appropriate money out of the stabilization fund. All actions by the City Council to deposit money into or take money from the fund will require 2/3 majority votes of the City Council. It is our shared intent that this fund will grow during better economic times, and that it will be a resource to help the city through tougher economic times and /or to meet unexpected one -time costs. I want to thank all nine City Councilors for your input and support of this initiative, particularly Councilor Silva, who has been a vocal and effective champion for this sound fiscal practice. Stewardship of your tax dollars requires diligence and creativity. To this end, my Administration is committed to the following: - Sound day to day management of our operating and capital budgets - Maximize the acquisition of grant money in a way that supports our priorities as a city — our Grants Task Force will soon make recommendations in this regard - Create a partnership with business and non - profit leaders in our community to support city priorities that we are not currently able to deliver solely with our own resources - Identify and implement additional opportunities for city and school consolidation of services — and I look forward to working with the City Council and my colleagues on the School Committee on this effort - Finally, we continues to seek more regionalization opportunities — keeping in mind that regionalization should happen wherever we can realize meaningful cost savings while delivering services at least as well if not better than we currently do. On this note, let me take a moment to update you on the status of the Essex County Regional Emergency Communications Center, to be located in Middleton. As Councilors know, the previous administration secured City Council support during the 2008 -2009 session, committing the city at that time to joining the Regional Emergency Communications Center — or RECC — for a minimum five year term. Under this agreement, the city's police, fire, and medical emergency calls and dispatch will all be operated by the RECC. Operations were originally scheduled to shift over during this Fiscal Year, however that has become a very unlikely scenario. Delays in the RECC's construction of communication equipment and in the transition periods for other member communities has created a more realistic timeframe of mid - summer to early fall for Beverly to join. Specifically, the communications tower has not yet been constructed. Once the tower is complete, the city of Amesbury's operations will be transferred over. In addition, some of our Beverly fire alarm infrastructure needs to be transferred to the RECC's system. It is expected that our fire dispatch function will transition over first with police to follow. It will be imperative that we ensure this regional system will function properly and protect Beverly citizens and our public safety personnel before we approve the RECC take responsibility to deliver these critical public safety services. Finding a responsible way to accelerate improvements to our local roads is one of my administration's top priorities. Looking creatively at available resources, I will soon propose to the City Council a paving and infrastructure improvement plan for the next two years. As we plan for needed economic growth and development, we also are working hard to protect our city's natural resources. My administration will soon present to the City Council a proposal that will grant a permanent conservation restriction to the Essex County Greenbelt on the city -owned land bordering Norwood Pond. This is a critically important open space, and this action will permanently protect it for coming generations to enjoy. We are also negotiating with the Girls Scouts to acquire Camp Paradise on Cole Street and Foster Street in Centerville to be preserved and utilized by our Parks and Recreation Department and our schools for outdoor education opportunities, and we are in discussions with the Trustees of Reservations to strengthen protection and improve public access and enjoyment at the Moraine Farm property along Route 97 in North Beverly. As Beverly enters into our first year of funding historic preservation, protection of open space for both active and passive recreation, and 5/7/2014 Regular Meeting Page 4 of 12 affordable housing through our new Community Preservation Fund, my administration is exploring with members of our Community Preservation Committee and City Councilors to determine how to maximize the benefit of our annual community preservation local tax dollars — specifically investigating the possibility of dedicating a percentage of CPA funds annually to support debt service which will allow us to bond for some larger acquisitions, protections, and improvements. Tonight, I have shared with you a snapshot of the state of our great city, along with some of the ongoing improvements we are striving to achieve. I am energized and excited by the great work of our city and school personnel, our many volunteers, our engaged citizens, and my colleagues in elective office on both the City Council and the School Committee. I look forward to great things in the coming weeks, months, and years, and I ask you all to remain engaged and remain committed to making Beverly all it can be. #74 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request that you approve a transfer of $852,757 from the City's reserve for free cash to support a number of potential FY2014 budget shortfalls that we have identified during my first few weeks in office. In addition I have included in this request a revision to the cabling project scope and the re- appropriation of FY13 reverted funds as outlined in the Finance Director's attached memo. Sufficient funds are available within the reserve of free cash to support this transfer. Please initiate action on this matter at your next City Council meeting, March 17, 2014. This transfer request will require a public hearing be set prior to a Council vote. Thank you. Very truly yours, Michael P. Cahill, Mayor Refer to Finance and Property #75 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully request your approval to transfer $2,482.34 from account #11382 -5325 to create a separate appropriation within the Information Technology budget for the payment of one (1) past due balance totaling $2,482.34 for charges incurred in FY2012. The attached invoice will be paid from this newly established account. This transfer will qualify as an intradepartmental transfer however I request your approval per MGL Chapter 44 Section 64. The required certification has been filed with the City Auditor. I kindly request your approval to resolve this matter. Thank you for your consideration. Very truly yours, Michael P. Cahill, Mayor Refer to Finance and Property 5/7/2014 Regular Meeting #76 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Page 5 of 12 I respectfully request that you approve a transfer of $570,928 from the City's reserve for free cash to the City's stabilization fund. This amount represents 10% of the Department of Revenue's certified free cash balance as of 6/30/2013. Given some of the foreseeable budget demands and conservative revenue estimates I feel it is both important and wise that as leaders of this City we plan for our future. Sufficient funds are available within the reserve of free cash to support this transfer. Please initiate action on this matter at your next City Council meeting, March 17, 2014. This transfer request will require a public hearing be set prior to a Council vote. Thank you. Very truly yours, Michael P. Cahill , Mayor Refer to Finance and Proaerty #77 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: It gives me great pleasure to present to you a Stabilization Fund Policy for your approval. This policy is a result of a collective effort by City Council President Guanci, Councilor Silva, Councilor St. Hillaire, Councilor Lang, Councilor Rand, Councilor Latter, Councilor Houseman, Councilor Martin, Councilor Frates and myself. Not only does this policy establish an expectation of responsible fiscal policy and outline required reserve contributions, it also clearly defines the process and appropriateness of its utilization. It is precisely these types of policies that will help ensure Beverly's long term stability and help ensure a bright future for our City. This policy represents a successful collaboration between the City Council and the Mayor's Office that will strengthen our great city. Please initiate action to adopt this policy at your next City Council meeting on March 17, 2014. Thank you. Very truly yours, Michael P. Cahill, Mayor Order read once and adopted 9 -0 Vote #78 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 5/7/2014 Regular Meeting Dear Honorable Council: Page 6 of 12 I hereby appoint subject to your review and recommendation Mr. David Battistelli, 7 Pillow Lace Lane, Beverly and Ms. Pamela Gougian, 26 Baker Avenue, Beverly to serve on the Board of Appeals — Zoning Mr. Battistelli will complete the term of Day Ann Kelley who has requested to become an alternate. His term is to be effective until January 31, 2016. Ms. Gougian will complete the term of Kevin Ennis who recently resigned. Her term is to be effective until January 31, 2016. In addition, I hereby appoint Ms. Day Ann Kelley, 2 Goodwin Road, Beverly to serve as an alternate. Ms. Kelley's term to be effective until January 31, 2016. Very truly yours, Michael P. Cahill, Mayor Refer to Legal Affairs #79 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation Ms. Mary Rodrick, 14 Peabody Avenue, Beverly and Ms. Lenora Gall, 8 Cross Street, Beverly to serve on the Solid Waste Management Committee. Their terms to be effective from March 31, 2014 until March 31, 2017. Very truly yours, Michael P. Cahill, Mayor Refer to Public Services #80 March 17, 2014 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. John J. Ruehrwein, 32 Pine Street, Wakefield to serve as Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is Mr. Ruehrwein's application, which has been approved by Police Chief John LeLacheur. Mr. Ruehrwein's term will be effective from April 30, 2014 until April 30, 2017. Very truly yours, 5/7/2014 Regular Meeting Michael P. Cahill, Mayor Refer to Legal Affairs Communications from other City Officers and Boards: #81 Comm. from City Clerk: renewal of Petroleum Storage Licenses for 2014 Refer to Legal Affairs Communications, Applications and Petitions: #82 Application for License to Peddle James Dooley Hot Dog and Sausage Cart Refer to Legal Affairs #83 Application for License to Peddle Daniel Grant Hot Dog and Sausage Cart Refer to Legal Affairs #84 Application for Livery License Rogdy Gaston d /b /a Boston Executive Livery Service Refer to Legal Affairs #85 Renewal Application Sandwich Board Sign WBOQ Radio Joanne Flannery, Beverly, MA Refer to Legal Affairs #86 Communication from Brian Butler re eagle Scout James M. Butler Receive and Place on File Page 7 of 12 5/7/2014 Regular Meeting #87 Communication from Main Streets re Outdoor Dining Pilot Program Refer to Finance and Property #88 Main Streets request waiver of Alcohol on Public Property for Block parties July, August and October Refer to Legal Affairs Reports from Committees: #54 Page 8 of 12 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer to Police Dept. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the city Council approve of a transfer of $269,018 to the Police Dept. budget to fund costs associated with the ratification of the patrolman's contract. Order read once and adopted 9 -0 Vote #63 The Committee on Legal Affairs and Finance and Property to whom was referred the matter of request for approval re extension of contract Golf Facilities Mgmt. Inc. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the city council approve the request to extend the contract with golf Facilities Management, Inc. for an additional five years until 2019.. Order read once and referred back to Committees 9 -0 Vote #68 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request to use six metered parking spaces 5/7/2014 Regular Meeting Page 9 of 12 on Essex Street for Library Project have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That Lambrian Construction Corporation be given permission to utilize six metered parking spaces on Essex Street from March 3, 2014 to Sep. 1, 2014 during renovation project of the Beverly Public Library Order read once and adoated 9 -0 Vote ii 1 J The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of request to use five metered parking spaces on Thorndike Street for Renovations at City Hall have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That Exterior Envelope Renovations be given permission to use five metered parking spaces on Thorndike Street and that the former ADA designated space in City Hall Parking Lot be used by Lambrian Construction Corporation from March 3, 2014 to Aug. 1, 2014 during renovation project at City Hall Order read once and adoated 9 -0 Vote #74 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer re Budget shortfalls have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, April 7, 2014 at 7:20 PM in Council Chambers, Third floor, 191 Cabot Street, Beverly, MA relative to a transfer of $852,757.00 from reserve for free cash to support a number of potential FY2014 budget shortfalls. Order read once and adopted 9 -0 Vote #76 The Committee on Finance and Property / Committee of the Whole to whom was referred the matter of Transfer re shortfall in city's stabilization fund have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, April 7, 2014 at 7:30 PM in Council Chambers, Third floor, 191 Cabot Street, Beverly, MA relative to a transfer of $570,928.00 from reserve for free cash to support foreseeable budget demands and conservative revenue estimates. Order read once and adopted 9 -0 Vote 5/7/2014 Regular Meeting #61 Page 10 of 12 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request to sign authorization letter from Cabot Beverly, LLC for Force Majeure Event have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached letter from Cabot Beverly, LLC for "Force Majeure Event" Order read once and adopted 9 -0 Vote #62 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Authorization to sign agreement with National Grid have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached National grid Exhibit HP Interconnection acknowledgement Agreement. Order read once and adopted 9 -0 Vote #66 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Appointment to Planning Board of Catherine Barrett have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 9 -0 Vote #70 The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for Peddlers License Dakota Christiano have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License Order read once and adopted 9 -0 Vote #71 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of renewal Application for Sandwich Board sign The Healing Center have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the License 5/7/2014 Regular Meeting Order read once and adopted 9 -0 Vote #72 Page 11 of 12 The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of application for 21 Livery Licenses, Tristar Vehicle Leasing, Inc. have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Licenses Order read once and adopted 9 -0 Vote Unfinished Business: Motions and Orders: Motion for a late file Councilor Guanci: Communication from the Mayor March 17, 2014 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The position of Community Services Director has been vacant for some time and I believe that it is time for that role to be filled. The role of the Community Services Director is to oversee several agencies, including Veterans Services, the Council on Aging, Parks and Recreation, the Public Library, the Commission on Disabilities, the Cultural Council, the Beverly Golf and Tennis Commission, The Health Department, the Youth Activities Commission, and the Affirmative Action and Equal Employment Opportunity program. These agencies and commissions have been reporting directly to the Mayor's office while the Community Services Director position has remained vacant. The city will be better served by having, as envisioned by the ordinances, a point person to organize and oversee these various agencies, and report to the Mayor, the City Council, and the citizens of Beverly. I believe this can be accomplished by combining the positions of Recreation Director and Community Services Director. I propose that the position of Director of Parks, Recreation, and Community Services be created to replace the current positions of Community Services Director and Recreation Director. The Director of Parks, Recreation, and Community Services will serve the dual roles of leading the Community Services Department and the Parks and Recreation Department. This model has been followed in other jurisdictions, and I believe it will work well in Beverly. The Director of Parks, Recreation, and Community Services will be responsible for overseeing all of the Community Services agencies in the city, including the Parks and Recreation Department. To effectuate this new position some amendments to the Ordinances will be necessary. The attached proposed Amendment makes minor changes to the current Community Services Director Ordinance (8.16) and incorporates the current job responsibilities listed in the Recreation Director Ordinance (8.43). There is also a minor change to the Community Services Department Ordinance (6.06) to accurately reflect the proposed responsibilities of the Director of Parks, Recreation, and Community Services. A redlined version of the changes as well as a draft of the proposed ordinance in its final form are both attached. Very truly yours, Michael P. Cahill Mayor 5/7/2014 Regular Meeting Meeting Adjourned: 8:25 PM Attest: Kathleen P. Connolly, CIVIC City Clerk Page 12 of 12 5/7/201