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2016-02-16Regular Meeting - Beverly City Council, Beverly, MA MINUTES — Tuesday, February 16, 2016 @ 7:00 PM Beverly City Hall, 3r Floor, Council Chamber Called to Order @ 7:00 PM Roll Call John P. Frates Jr.(absent), Scott D. Houseman -Vice President (absent), David J. Lang, James F. Latter, Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M. Guanci - President. Pledge of Allegiance to the Flag: Councilor Silva Resolutions: None Public Speakers: None Acceptance of Minutes of Previous Meeting: Regular Meeting — Monday, 1 February 2016 Approved 7 -0 Presentations, Awards and Memorials: None Communications from His Honor the Mayor: #056 February 16, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I respectfully ask that you consider approval of an appropriation request to support a number of airport projects as outlined in the attached memo. The appropriation of $164,229 would be transferred from the Airport Enterprise Fund balance which was certified as of June 30, 2015 at $306,998. Please see the attached memo from Mr. William Mahoney, Chairman of the Beverly Airport Commission for additional information. This appropriation request requires a public hearing be set prior to final Council action. I request your attention to this at your upcoming meeting on February 16, 2016. Sincerely yours, Michael P. Cahill Mayor 31 DATE: February 8, 2016 TO: Beverly City Council THRU: Bryant Ayles, Director of Finance FM: William F. Mahoney, Chairman, Beverly Airport Commission BACKGROUND AND JUSTIFICATION: The Airport is in the process of constructing an Administration Building and renovating a portion of Building 45 for use as a airport restaurant. The Airport also is /will be involved in other projects such as tree cutting, new airport signage, and re- painting the Vietnam Memorial Helicopter to name a few (the full list is attached). To accomplish these projects and tasks the Airport needs to appropriate revenue. It should be noted that some of the appropriated Airport revenue would help the City in it's renovation of Building 45. FINANCIAL AND BUDGETARY IMPACT: The total appropriation needed is $164,229.00 that would be taken from the Airport Revenue Fund and placed in the FYI Airport Budget. POTENTIAL DISADVANTAGES OR PROBLEMS IF NOTAPPROVED: Delays in getting aAirport Restaurant, which FAA recognizes is a important feature on an airport, delayed invoice payments, and potentially placing the Airport at a lower level of safety. REQUESTED ACTION: The Beverly Airport Commission respectfully requests City Council approval for the appropriation of $164,229.00 from the Airport Revenue Fund and placed in the FY16 Airport Budget. Referred to Finance & Property to set a Public Hearing #057 February 16, 2016 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In support of the City's ongoing effort to minimize energy consumption and be environmentally conscious, the Massachusetts Department of Energy Resources has awarded the city another green communities grant. This grant will allow Beverly to continue utilizing commissioning software at Beverly High school as well as upgrading the heating plant at the Cove Elementary school. Massachusetts General Law requires that any grants or gifts to the city must be presented to the Council for approval. Therefore, I respectfully ask your approval of this grant in the amount of $128,455 to be used toward the projects noted above and in support of the grant award stipulations. Please initiate action on this matter at your next City Council meeting scheduled for February 16, 2016. Sincerely yours, Michael P. Cahill, Mayor Referred to Finance & Property #058 32 February 16, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint subject to your review and recommendation Sgt. Anthony DiRuzza and Capt. Chris Halloran to serve on the Parking and Traffic Commission. Sgt. DiRuzza will serve as the Police Department Representative and Capt. Halloran will serve as the Fire Department Representative Their terms to be effective until March 1, 2019. Sincerely yours, Michael P. Cahill Mayor Order read once and adopted — Vote: 7 -0. #031 A February 16, 2016 The Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I propose to establish a Senior Citizen Tax Work -off Abatement Program. The City previously adopted the provisions of M.G.L. c. 59, Section 5K on March 30, 2001 (Order number 81 of 2001) which allows the mayor, with the approval of the city council, to establish a senior citizen tax work off abatement program. In conjunction with Councilor Silva, I am presenting you this order to establish such a program, which will be a benefit to both senior citizens in our community as well as to the City of Beverly in its entirety. A draft order is attached to this letter for your consideration. Sincerely yours, Michael P. Cahill Mayor Referred to Finance & Property Communications from other City Officers and Boards: 33 #059 — Communication - Planning Director et al to Mayor re: RFP — Airport Non - Aviation Use Received and Placed on File — Vote: 7 -0. #060 Communication — Assistant Planning Director re: OSRD Application — 122 Cross Lane Received and Placed on File — Vote: 7 -0. #010A Communication — Council President re: Appointment of Karen H. Fogarty, 169 East Lothrop Street, as City Council Representative on the Financial Forecasting Committee. Order read once and Adopted — Vote: 7 -0. Communications, Applications & Petitions: None #061 Application for License — Taxi/Livery — Robert E. Mannix, 44 Western Avenue Referred to Legal Affairs. Unfinished Business: Final Passage: #013 & 0 1 3A — Proposed Code Adoption Ordinance Amended Order read once and adopted — Vote: 7 -0 #036 — Ordinance Amending an Ordinance, Article X "Animals" Order read once and adopted — Vote: 7 -0 #051 — Ordinance Amending an Ordinance, Article XXI, Section 21.13 "Stopping, Standing & Parking" Handicapped Sign @ 27 Fayette Street Order read once and adopted — Vote: 7 -0 Public Hearings: 7:10 PM - #046 — FEMA Grant Acceptance — Public Hearing held and closed, Order referred back to Finance & Property 34 7:15 PM - #042 — National Grid & Verizon re: East Lothrop Street — Company Representative had called earlier in the day, Engineer unable to appear due to weather emergency — Continued to Monday, 7 March 2016 (cD_ 7:30 PM — Vote 7 -0. 7:20 PM - #045 - Library Employees Collective Bargaining Agreement & G.A.R. Building Improvements — Public Hearing held and closed, Order referred back to Finance & Property 7:25 PM - #019 — Church & Briscoe Streets discontinuance — Public Hearing recessed until 8:30 PM — Approved — Vote: 7 -0 Called back to Order at 8:30, held and closed. Order referred back to Public Services 7:30 PM - #014 — Joint Public Hearing with the Planning Board — Joint Public Hearing held and closed, Order Referred back to Legal Affairs, pending the recommendation of the Planning Board 8:00 PM - #052 — CPA & Housing — Public Hearing recessed until 9:15 PM — Approved — Vote: 7 -0 Called back to Order at 9:15, held and closed, Order referred back to Finance & Property Reports of Committees: #032 The Committee on Finance and Property, to whom was referred the matter of Ordinance Amending an Ordinance — XXV "Personnel', Section 26.05, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Amended Ordinance and recommend its adoption pending publication and Final Passage: ORDERED: An Amendment to an Existing Ordinance, as follows ARTICLE XXVI "Personnel ", Section 26.05 "Mileage ": (a) A municipal employee may be reimbursed for the use of his personal vehicle on city business at the rate of twenty cents ($.20) per mile and that this rate be adjusted annually on or about July 1 each year to equal the rate for state employees use of their private vehicles. The documentation necessary to receive the reimbursement will be determined by the finance director - auditor. First Reading: February 1, 2016 Second Reading: February 16, 2016 Final Passage: March 7, 2016 Order read once and adopted. Vote: 7 -0. #045 The Committee on Finance & Property, to whom was referred the matter of Correspondence — Mayor re: Appropriation — Library Employees Union Collective Bargaining Agreement and G.A.R. Hall Interdepartmental Transfer, have considered said matter and beg leave to report as follows: Recommend the Council Approve the Request Order read once and adopted. Vote: 7 -0. 35 #046 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re Application and Grant Application — FEMA/MEMA Flood Mitigation, 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: 7 -0. #052 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re CPC Funding, 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: 7 -0. #031A The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor — Senior Citizen Tax Work -Off Abatement Program 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: 7 -0. #056 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re Airport Enterprise 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, March 7, 2016 at 7:35 PM at Beverly City Hall, 191 Cabot Street, Third Floor, City Council Chamber, Beverly, MA, relative to an appropriation request to support a number of airport projects as outlined in the memo to the Council dated February 8, 2016 from Mr. William Mahoney, Chairman of the Beverly Airport Commission. The appropriation of $164,229 would be transferred from the Airport Enterprise Fund balance which was certified as of June 20, 2015 at $306,998. Order read once and adopted. Vote: 7 -0. #057 The Committee on Finance and Property, to whom was referred the matter of Communication — Mayor re Acceptance of Green Communities Grant, have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Request Order read once and adopted. Vote: 7 -0. #032 The Committee on Legal Affairs, to whom was referred the matter of Ordinance Amending an Ordinance — Article XXVI, Section 26.05 "Mileage ", have considered said matter and beg leave to report as follows: Submit the accompanying amended Ordinance and recommend its adoption pending publication and Final Passage: 36 ORDERED: An Ordinance amending an Existing Ordinance, as follows: Article VI, Section 26.05 "Mileage ": ADD: Vher" after "his" DELETE: "at the rate of twenty cents ($.20) per mile" ADD: "The rate of reimbursement shall be a uniform rate set by the Mayor. Such rate shall not be less than $.20 per mile and shall not exceed the average of the Internal Revenue Service standard mileage rate and the Commonwealth of Massachusetts private auto employee reimbursement rate per mile." First Reading: February 1, 2016 Second Reading: February 16, 2016 Final Passage: March 7, 2016 Order read once and adopted. Vote: 7 -0. Councilor Latter Moved to Reconsider the Vote — Reconsideration Passed 7 -0, Order Failed 7 -0. #054 The Committee on Legal Affairs, to whom was referred the matter of Application for Second Hand Junk Dealers License — Colpena PCS, LLC, 34 Cabot Street, have considered said matter and beg leave to report as follows: Recommend the License by granted Order read once and adopted. Vote: 7 -0. #044 The Committee on Public Services, to whom was referred the matter of Communication — Mayor — Appointment of Mr. John W. Lund, 58 Middlebury Lane to serve on the Beverly Airport Commission, have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointment. Order read once and adopted. Vote: 7 -0. Motions and Orders: None Meeting Adjourned: 9:45 PM Attest: D. Wesley Slate, Jr. City Clerk 37