Minutes - Monday 7 November 2016Regular Meeting - Beverly City Council, Beverly, MA
MINUTES - Monday, 7 November 2016 @ 7:00 PM
Beverly City Hall, 191 Cabot Street, 3r Floor, Council Chamber
Called to Order @ 7:04 PM
Roll Call: John P. Frates Jr., Scott D. Houseman -Vice President, David J. Lang, James F.
Latter (absent), Donald G. Martin, Estelle M. Rand, Matthew J. St.Hilaire, Jason C. Silva, Paul M.
Guanci- President.
Pledge of Allegiance to the Flag: Councilor Martin
Comments by Citizens (subject to the conditions contained in
Appendix A to the "Rules and Orders "): None
Presentations, Awards & Memorials: None
Resolutions:
1. #238 — Mike Collins, Commission, DPS re: Employee Rescue by
Donald ( "DJ") Ganey Council President entertained a Motion to
Approve — Vote: 8 -0
2. #239 — Andrew DeFranza, Executive Director, Harborlight Community
Partners Council President entertained a Motion to Approve — Vote:
8 -0
Acceptance of Minutes of Previous Meetings:
1. Monday, 17 October 2016 — Regular Meeting - Vote to Accept: 8 -0
Public Hearings:
1. 7:20 PM - #220 — Public Hearing re: DPS Roof Repairs — Park Street -
Public Hearing held & closed, referred back to Finance & Property
2. 7:30 PM - #211 — Joint Public Hearing with Planning Board — (Recessed
to Monday, 5 December 2016 @ 7:30 PM) — Approved: 8 -0
Communications from His Honor the Mayor:
#240
October 6, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I respectfully submit to you the 2016 Capital Expenditure Plan pursuant to Sec. 6 -8 of the
City Charter. The document contains status updates on existing capital improvement
projects as well as projects that will need to be addressed in the future. Also contained
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within the document are important schedules outlining estimated costs and potential
financing obligations over the next ten years. I hope you find the document informative
and helpful as we work together in planning for our city's future.
Sincerely yours,
Michael P Cahill
Mayor
Received and Placed on File — Vote: 8 -0.
#241
November 3, 2016
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
In preparation for the annual Tax Recapitulation process, I respectfully request that you
approve a series of budgetary adjustments as noted in the attached preliminary schedule.
When Beverly's operating budget was approved by the City Council this past June,
preliminary figures had to be used in the areas of state aid and state assessments. The
proposed adjustments are necessary to properly reflect the final state aid and assessment
figures for FY2017. In connection with those necessary adjustments I am requesting
funds be utilized for the match portion of a fire equipment grant.
In addition, per the City's stabilization policy, I am required to request a transfer of at
least 10% of the certified free cash value into our stabilization fund. Today, I request
$2.6M of the City's free cash be transferred to the stabilization fund. While this request
exceeds the 10% requirement, it is sound fiscal practice to grow this stabilization fund to
ensure long term financial stability of the City as well as provide fund as needed to aid in
debt service associated with the new middle school and future capital projects.
Please initiate action on this matter at your next City Council meeting, November 7th,
2016. This transfer request will require a public hearing be set prior to a City Council
vote. Thank you.
Sincerely yours,
Michael P Cahill
Mayor
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Referred to Finance & Property to Set a Public Hearin
#242
November 3, 2016
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request the Honorable Council for authorization to sign a subordination
agreement for property owned by Harborlight Community Partners at 8 — 10 Dodge
Street as described in the attached letter from City Planner, Aaron Clausen. I respectfully
request that you vote to authorize at your November 7, 2016 meeting.
Please feel free to contact Aaron Clausen directly if you have any questions relative to
this request.
Sincerely yours,
Michael P. Cahill
Mayor
November 3, 2016
Honorable Michael P. Cahill
191 Cabot Street
Beverly, Massachusetts 01915
Re: Harborlight Community Partners Loan Subordination Request; 8 — 10 Dodge Street
In 2009 Harborlight Community Partners purchased and preserved four units of
affordable family housing at 8 -10 Dodge Street known as the "Cotton Mill ". There is a
first position mortgage debt with a balance of approximately $57,000 that is held by
Peoples United Bank. The rate is currently 4.10% and the loan matures in six years, in
September 2022. The Community Economic Development Assistance Corporation is in
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FISCAL 2017
Tax Recap and Other Budget Transfers
ILUS-
16101
51511
Library retirement buyout
$22,557
Accrued and ell
122011
51511
1Fi re Dept reti rement buyout
$59,519
Accrued and ell
12001
51310
Animal Control OTandTrai ning
$5,000
Omitted from
122013
55807
Fi re Department breathin g apparatus grant match
$80
Match re ui rec
16102
Librarytelephonephone u rade
S11.000
InelacinR 46 un it
122011
51113
Fire Department dispatch personnel
$47
Originally bud
11006
59780
Transfer to stabi l izati on fund
2
TOTAL
$2,825,231
19606
56280
School Choice Assess men t reduction the rry sheet
25865
19606
56290
Charter School Assessment reduction (cherry sheet
1 509
19606
56310
Sped al Educati on Assess ment red uct ion che rry sheet
($111598)
Totals
00430
46240
Cha ter70 revenue i ncrease (cherry sheet
(S155.715))
00430
46670
Veterans Benefits revenue increase (cherry sheet
641
00430
46600
Public Library Support revenue reduction (cherry sheet
63
00430
46230
Charter School revenue reduction (cherry sheet)12855
12101
51699
Pol ice De partment Part Ti me
47155
Ori gi nall bud
11324
57816
Reserve for se pa rat ion of se N ice
076
Reserve draw
00490
49106
Transfer from free cash
2419090
Referred to Finance & Property to Set a Public Hearin
#242
November 3, 2016
The Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request the Honorable Council for authorization to sign a subordination
agreement for property owned by Harborlight Community Partners at 8 — 10 Dodge
Street as described in the attached letter from City Planner, Aaron Clausen. I respectfully
request that you vote to authorize at your November 7, 2016 meeting.
Please feel free to contact Aaron Clausen directly if you have any questions relative to
this request.
Sincerely yours,
Michael P. Cahill
Mayor
November 3, 2016
Honorable Michael P. Cahill
191 Cabot Street
Beverly, Massachusetts 01915
Re: Harborlight Community Partners Loan Subordination Request; 8 — 10 Dodge Street
In 2009 Harborlight Community Partners purchased and preserved four units of
affordable family housing at 8 -10 Dodge Street known as the "Cotton Mill ". There is a
first position mortgage debt with a balance of approximately $57,000 that is held by
Peoples United Bank. The rate is currently 4.10% and the loan matures in six years, in
September 2022. The Community Economic Development Assistance Corporation is in
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second position with non - active debt for $238,026. Sharing third position is $100,000 in
HOME debt from the City of Beverly, $50,000 in HOME debt from the North Shore
HOME Consortium and $100,000 in CDBG debt from the City of Beverly. All of these
are non - active debt with 0% interest deferred in perpetuity while affordable restrictions
are intact.
To improve the current cash flow Harborlight Community Partners seeks to refinance
their first position debt with North Shore Bank at 4.25% for a 10 year term and then reset
for a second ten year period capped at 6.5 %. The proposed refinancing of the loan will
improve debt service payments with savings of approximately $2,000 a year. All of the
subordinate positions would remain the same as above. Harborlight Community Partners
has requested the City subordinate so they may proceed with the refinance of the first
position debt.
Given the nature of the proposed refinancing will improve cash flow and will assist in
preserving high quality affordable housing for low and moderate households I request
that you support Subordination of the City loan to retain current position, following City
Council approval.
Sincerely yours,
Aaron Clausen, Director
Planning and Community Development
Referred to Legal Affairs
#243
November 7, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Planning Department
and Engineering Department, has received a Complete Streets Grant from the
Massachusetts Department of Transportation in the amount of $400,000. With your
approval, this grant will be used to reconstruct Broadway beginning at its intersection
with Cabot Street and ending at Rantoul Street. The project includes complete
reconstruction and widening of sidewalks, new street trees, pedestrian scale street lights,
shared lane bicycle markings, and bump outs. The project will greatly improve pedestrian
and bicycle connectivity to the Beverly Depot commuter station, linking the station with
two downtown commercial districts and the recently designated Beverly Arts District.
Massachusetts General Law Chapter 44 Section 53A requires both City Council and
Mayoral approval before any 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 upcoming meeting of the City Council on November 7th,
2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
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#244
November 7, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Engineering
Department, has received a Green Communities Grant from the Massachusetts
Department of Energy Resources in the amount of $195,143. With your approval, this
grant will be used for energy upgrades to Beverly High School and Hannah Elementary
School. Massachusetts General Law Chapter 44 Section 53A requires both City Council
and Mayoral approval before any 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 upcoming meeting of the City Council on November 7,
2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Property
#245
November 7, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I am pleased to inform you that the City of Beverly, through our Council on Aging, has
received Title III — B federal funds administered through SeniorCare, Inc. in the amount
of $5,808.15. With your approval, this grant will be used to fund a portion of the COA
Outreach Coordinator's salary. Massachusetts General Law Chapter 44 Section 53A
requires both City Council and Mayoral approval before any 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 upcoming meeting of the City Council
on November 7th, 2016. Thank you.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Finance & Pro
#246
November 7, 2016
The Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Brian Dapice, 39
Dartmouth Street, Beverly to serve as Constable in the City of Beverly for the express
purpose of serving Civil Process.
Attached is Mr. Dapice's application, which has been approved by Police Chief John
LeLacheur.
Mr. Dapice's term will be effective until November 1, 2019.
Sincerely yours,
Michael P. Cahill
Mayor
Referred to Legal Affairs
Communications from other City Officers & Boards:
#247
Search Committee Recommendation re: Council's Budget/Management Analyst
Clerk read the Letter Council President, Vice President & Chair, Public Services
(Members of the Search Committee) describing the process of advertising,
evaluating and selecting finalists from the resumes and applications for the
position, and made their unanimous recommendation of Mr. Andrew Vanni, CGA
for the position. Some discussion ensued, after which the Council President
entertained a Motion to Request the Director, Human Resources, send Mr. Vanni
an offer letter for the position, subject to the terms of the Job Description, Charter
and Ordinances that govern same.
Approved on the Floor — Vote: 8 -0.
#248
Communication — Planning Board — Update of #315 -15 Inclusionary Housing
"Submission Requirements, Procedures & Supplemental Regulations"
Referred to Legal Affairs
#249
Communication — Chair, Board of Assessors — FY2017 Tax Levy Percentages
Referred to Finance & Property to Set a Public Hearing
169
#250
Communication — Councilor Rand — Amended Ordinance #192 -46 & -53
"Peddler's License"
Referred to Legal Affairs
#251
Communication — Salem & Beverly Water Supply Board — Beverly /Salem
percentages of usage for the year.
Received and Placed on File — Vote: 8 -0
Council President entertained a Motion to accept a Late File — Vote: 8 -0
#254
Communication — Parks & Recreation Commission — Nancy Marino as
Representative to the Community Preservation Committee
Approved on the Floor — Vote: 8 -0
Communications, Applications & Petitions:
#255
Application for License — Tristar Vehicle Leasing INC — 3 additional licenses -4
27 vehicles
Referred to Legal Affairs
#256
Request for Waiver of Alcohol in Public Buildings Ordinance — Artist's Reception
@ Beverly Farms Library — 2 February 2017 — Olga Hayes, 9 Tanglewood Road /
Manchester By- The -Sea, MA
Referred to Legal Affairs
#257
Communication — MA State Lottery Commission — KENO To Go Application — On
the Way Convenience — 130 Cabot Street
Received and Placed on File — Vote: 8 -0.
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#258
Communication — MA Common Cause — Election Modernization's Early Voting
Challenge — Silver Medal
Received and Placed on File — Vote: 8 -0.
#259
Petition — National Grid #20880054 — 482 Rantoul Street to Lenox Street - Pole
#3646
Referred to Public Services to Set a Public Hearing
#260
Petition — National Grid #22443025 — Lovett @ Ives & Ocean Streets
Referred to Public Services to Set a Public Hearing
Council President entertained a Motion to accept a Late File — Vote: 8 -0
#261
Petition — National Grid #21162817 — Bridle Path Lane & Hart Street
Referred to Public Services to Set a Public Hearing
2 nd Reading:
#197A
Amended Ordinance — Compensation for Elected Officials
Order read once & adopted, pending Publication & Final Passage _
Vnto. R -(1
2 nd Reading & Final Passage:
#236
Amended Ordinance — "Beverly Recycles" -4 "Beverly Waste Reduction
Committee"
Order read once & adopted — Vote: 8 -0
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#253
City Solicitor — Discharge Mortgage
Referred to Finance & Property
#252
Assistant City Solicitor — Request for Executive Session re: Litigation
Executive Session
Council President entertained a motion to enter Executive Session under general
laws chapter 30A, section 21(3) to discuss strategy with respect to Beverly v. Bass
River Golf Management, Inc. and 31 Tozer Road, LLC, Civil Action No. 2011 -
00460C (appellate case 2015 -P -071) because an open meeting may have a
detrimental effect on the city's litigation position, and then to reconvene in an open
meeting after the Executive Session.
Motion.
Second:
Roll Call Vote.
Councilor Frates
— Yes
Councilor Houseman — Yes
Councilor Lang —
Yes
Councilor Latter —
Absent
Councilor Martin —
Yes
Councilor Rand —
Yes
Councilor St. Hilaire — Yes
Councilor Silva —
Yes
Councilor Guanci
— Yes
The Council entered into Executive Session @ 8.00 PM
The Council returned from Executive Session @ 8:20 PM
Reports of Committees:
#235
The Committee on Finance & Property, to whom was referred the matter of Loan Authorization
$450,000.00 for roof repairs (Public Services Facility, have considered said matter and beg leave to
report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -0.
#241
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Tax Recapitulation ( "Tax Recap ") Process, have considered said matter and beg leave to report as
follows:
Submit the accompanying Order and recommend its adoption:
172
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 21
November 2016 at 7:30 PM at City Hall, 191 Cabot Street, 3r floor, Council Chamber, Beverly, MA
relative to a Communication from His Honor the Mayor in preparation for the annual Tax
Recapitulation Process.
Order read once and adopted. Vote: 8 -0.
#243
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
re: MA -DOT Complete Streets Grant $400,000.00 to reconstruct Broadway, have considered said
matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -0.
#244
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— MA -DER Green Communities Grant $195,143 for energy upgrades to BHS & Hannay Elementary
School, have considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -0.
#245
The Committee on Finance & Property, to whom was referred the matter of Communication — Mayor
— Senior Care, Inc. $5808.15 Title III -B — Council on Aging Outreach Coordinator's salary, have
considered said matter and beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -0.
#249
The Committee on Finance & Property, to whom was referred the matter of Communication - Chair,
Board of Assessors — Allocation of FY2017 Tax Levy Percentages, have considered said matter and
beg leave to report as follows:
Submit the accompanying order and recommend its adoption:
ORDERED: That the City Council of the City of Beverly hold a Public Hearing on Monday, 5
December 2016 at 7:15 PM at Beverly City Hall, third floor, City Council Chamber, 191 Cabot Street,
Beverly, MA. — relative to a Communication from the Chair, Board of Assessors — Allocation of
FY2017 Tax Levy Percentages.
Order read once and adopted. Vote: 8 -0.
#252
The Committee on Finance & Property, to whom was referred the matter of Communication —
Assistant City Solicitor — Request for Executive Session - Litigation, have considered said matter and
beg leave to report as follows:
Receive and Place on File
Order read once and adopted. Vote: 8 -0.
173
#253
The Committee on Finance & Property, to whom was referred the matter of Communication — City
Solicitor — Discharge of Mortgage @ 31 Tozer Road, have considered said matter and beg leave to
report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -0.
#250
The Committee on Legal Affairs, to whom was referred the matter of Communication — Councilor
Rand — An Ordinance Amending an Ordinance #192 -46 "Procedure for obtaining license or
Registration" (2) & (3), 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:
ORDERED: Be it ordained by the City Council of the City of Beverly as follows:
In the year two thousand and sixteen
An Ordinance amending an Ordinance relative to:
Chapter 192 -46 "Hawkers & Peddlers"
Add to A:
(2) A fee of $100 is required upon application.
(3) A licensee under this section may apply to add up to 4 additional persons to be
licensed as part of his /her license for no additional fee. Each additional person applied
for under this license shall be required to receive the Chief of Police's recommendation,
but shall not need to be reviewed by the City Council. If a licensee seeks to add more
than 4 additional persons to his /her license, an additional fee of $100 is required upon
application and such request shall go before the City Council. The licensee shall be held
responsible for all actions of any additional persons licensed.
Copies of the completed Ordinance are on file in the Office of the City Clerk, and are available for
public review.
Ordinance to take effect upon Final Passage.
First Reading: Monday, 7 November 2016
Second Reading: Monday, 21 November 2016
Final Passage: Monday, 5 December 2016
Order read once and adopted. Vote: 8 -0.
#255
The Committee on Legal Affairs, to whom was referred the matter of Application for License — Tristar
Vehicle Leasing INC — 3 additional licenses -4 27 vehicles, have considered said matter and beg
leave to report as follows:
Recommend the License be Granted
Order read once and adopted. Vote: 8 -0.
174
#256
The Committee on Legal Affairs, to whom was referred the matter of Request for Waiver of Alcohol
in Public Buildings Ordinance — Artist's Reception @ Beverly Farms Library — 2 February 2017 —
Olga Hayes, 9 Tanglewood Road / Manchester by- the -Sea, MA, have considered said matter and
beg leave to report as follows:
Recommend the Council Approve the Request
Order read once and adopted. Vote: 8 -0.
#259
The Committee on Public Services to whom was referred to matter of Petition — National Grid
#20880054 — 482 Rantoul St to Pole #3646 - Lenox St , 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, 21
November 2016 at 7:20 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly,
MA relative to a Petition from National Grid — Plan #20880054 — Rantoul Street to install
beginning at a point approximately 10 feet West of the centerline of the intersection of Lenox
Street and Rantoul Street and continue approximately 175 +/- in an Easterly direction. National
Grid to install 175' +/- of 2 -4" PVC Conduits encased from the property line of 482 Rantoul Street
to MH 70 -1 across Rantoul Street to Pole #3646 Lenox St.
Order read once and adopted. Vote: 8 -0.
#260
The Committee on Public Services to whom was referred to matter of Petition — National Grid
#22443025 — Lovett @ Ives & Ocean Streets, 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, 21
November 2016 at 7:25 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly,
MA relative to a Petition from National Grid — Plan #22443025 — Lovett Street to install beginning
at a point approximately 10 feet South of the centerline of the intersection of Ives St and Ocean
St and continuing approximately 10 feet in a south direction. National Grid to install new conduit
from handhole 493, approximately 10' (across sidewalk) to 81 Lovett St. Customer to install new
handhole and conduit on property to service 81 Lovett St.
Order read once and adopted. Vote: 8 -0.
#261
The Committee on Public Services to whom was referred to matter of Petition — National Grid
#21162817 — Bridle Path Lane & Hart Street, 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, 21
November 2016 at 7:15 PM at City Hall, 191 Cabot Street, 3rd floor, Council Chamber, Beverly,
MA relative to a Petition from National Grid — Plan #21162817 — Bridle Path Lane to install one
heavy duty hand hold (HDHH) to be installed at the base of existing overhead pole 1863 -1. +/-
21Oft of 2 -3" duct to run from HDHH along Hart St up Bridle Path Ln and into Trans. #1. +/ -31 Oft
of 2 -3" duct to run from Trans. #1 across Bridle Path Ln and up along the northern edge of the
asphalt up to a proposed primary pullbox. +/- 180ft of 2 -3" to run from the proposed pull box
around the 90 degree turn and terminating in Trans. #2.
Order read once and adopted. Vote: 8 -0.
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Unfinished Business: None
Motions and Orders: None
Meeting Adjourned: 8:49 PM Attest: D. Wesley Slate, Jr.
City Clerk
176